Puja Sachdev | July 16, 2026 | California Law
When a marriage is falling apart, it is natural to want answers as to why. Alternatively, you may want to put yourself in a favorable position for the divorce settlement.
But before you install tracking software or record their conversations, you should know that many forms of spying on a spouse are illegal in California. Doing so can carry criminal and civil consequences. It can also backfire in your divorce case.
Recording Conversations and Hidden Cameras
California is a “two-party consent” state. Under Penal Code Section 632, it is illegal to record a confidential conversation without the consent of everyone involved. That means secretly recording your spouse’s phone calls or private in-person conversations can be a crime, even inside your own home. Violations can lead to both criminal penalties and civil liability.
Likewise, using hidden cameras to secretly record your spouse in private settings can violate California’s invasion of privacy laws. Recording someone in a place where they have a reasonable expectation of privacy, such as a bedroom or bathroom, can cross the line into illegal conduct.
Accessing Phones, Emails, and Online Accounts
Logging into your spouse’s email, social media, or phone without permission can also break the law.
Federal and state laws, including the Stored Communications Act and California’s computer crime statute, prohibit unauthorized access to another person’s private electronic accounts and devices.
The fact that you are married does not give you the right to access accounts that belong to your spouse, especially when they are password-protected.
GPS Tracking
Secretly tracking your spouse’s location may also be illegal. California Penal Code Section 637.7 makes it unlawful to use an electronic tracking device to determine a person’s location or movement without their consent.
Placing a hidden GPS tracker on a vehicle that belongs to your spouse can violate this law. However, this rule may not apply as clearly when a vehicle is jointly owned.
Spyware and Stalkerware Apps
Secretly installing monitoring software or “stalkerware” on your spouse’s phone or computer to track their messages, calls, and activity is illegal in California. These apps intercept private communications without consent, which can violate wiretapping and cybersecurity laws.
The Consequences of Illegal Spying
Many spying cases center on extramarital affairs. However, California is a no-fault divorce state, which means proof of an affair generally does not change how property is divided or how support is calculated
But spying on your spouse can create serious legal problems for you, including but not limited to:
- Criminal charges: Many forms of illegal surveillance are crimes that can result in fines or jail time.
- Civil liability: Your spouse may be able to sue you for invasion of privacy.
- Inadmissible evidence: Information obtained illegally often cannot be used in court.
- Harm to your family law case: A judge who learns you broke the law to obtain evidence may view your case less favorably in custody and other disputes.
Not everything is off-limits. In most cases, you can review information your spouse has shared with you or left in plain view, and examine accounts you both legitimately own and use. You can also hire a licensed private investigator who knows how to gather information lawfully.
Contact an Experienced San Diego Family Lawyer at San Diego Divorce Lawyers, APC
If you suspect your spouse of cheating or other misconduct, there are lawful ways to obtain the information you need, including the formal discovery process in a divorce. Before spying, you should talk to an experienced family law attorney to better understand your legal options. Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, for a confidential consultation at (619) 866-3756.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
