Kalil v. Kalil: Viral Livestream Lawsuit Tests Post-Divorce Speech Limits

Slate reported this month on a lawsuit that has the family law world paying very close attention: former NFL offensive lineman Matt Kalil is suing his ex-wife, Sports Illustrated Swimsuit model Haley Kalil, for invasion of privacy and unjust enrichment after she discussed intimate details of their marriage during a viral livestream that racked up millions of views.

According to Slate's reporting, Haley Kalil has moved to dismiss the case under Minnesota's free speech protections, arguing that her comments constituted a truthful, autobiographical account of sexual trauma she experienced during the marriage. Matt Kalil's legal team counters that sharing private marital details to a massive online audience for profit crosses a legal line, regardless of whether the statements were true.

This is one of those cases where the intersection of celebrity culture, social media, and family law creates a legal question that could affect ordinary people for years to come. And if you are going through a divorce in Florida, you should be paying attention.

Why This Case Matters Beyond the Headlines

At its core, Kalil v. Kalil asks a deceptively simple question: after a divorce is final, can your ex-spouse publicly share the most intimate details of your marriage and profit from it?

The answer has never been entirely clear. Truth has traditionally been a defense to defamation claims, but invasion of privacy is a different animal. You can invade someone's privacy by disclosing facts that are entirely true if those facts are sufficiently private and their disclosure would be highly offensive to a reasonable person.

What makes this case a potential landmark is the context. We live in an era where influencers, podcasters, and content creators routinely monetize personal stories. Divorce stories get massive engagement. The temptation to share and the financial incentive to overshare have never been greater.

The court will have to weigh fundamental tensions: free speech versus privacy, autobiographical storytelling versus exploitation, and the public's interest in hearing about someone's personal experience versus an individual's right to keep intimate marital details out of the public eye.

How Florida Law Handles Post-Divorce Privacy and Social Media

While this case is playing out in Minnesota, every principle at stake has a Florida equivalent, and in some ways, Florida law gives aggrieved ex-spouses even more tools.

Florida recognizes four distinct invasion of privacy torts: intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness. The tort most relevant to the Kalil situation is public disclosure of private facts, which requires showing that someone publicized a private matter that would be highly offensive to a reasonable person and that is not of legitimate public concern.

Notice that truth is not a defense here. Unlike defamation, where truth can shield you, the public disclosure tort is specifically designed for situations where someone shares true but deeply private information. Florida courts have upheld this cause of action in cases involving the disclosure of private medical information, sexual history, and other intimate details.

Beyond the civil lawsuit angle, Florida family courts can and do consider social media conduct in active divorce proceedings. Here is where it gets very practical for anyone currently navigating a Florida divorce:

• Custody evaluations: If you are making disparaging or excessively personal posts about your co-parent online, Florida judges can consider that when determining the best interests of the child under Florida Statute Section 61.13. A parent who demonstrates poor judgment by airing private family matters publicly may find that it affects their time-sharing arrangement.

• Equitable distribution: While social media posts alone rarely change the financial outcome, they can provide evidence of hidden assets, undisclosed income, or lifestyle inconsistencies that contradict what someone has reported on their Florida Financial Affidavit.

• Contempt and enforcement: Posts that contradict sworn testimony or court orders can be used as evidence in enforcement proceedings.

In my practice, I see this issue come up far more often than most people expect. Someone is angry, they vent on Instagram or TikTok, and that content becomes an exhibit in their own case. The Kalil lawsuit is the extreme, celebrity-scale version of something that happens in family courts across Florida every single day.

The Unjust Enrichment Angle Is Worth Watching

One aspect of this case that has not gotten enough attention is the unjust enrichment claim. Matt Kalil is not just arguing that his privacy was violated. He is arguing that Haley profited from violating it, and that he is entitled to a share of that profit.

This is a creative legal theory with real implications. If you are an influencer or content creator going through a divorce, and you build an audience or generate revenue by discussing your marriage, your ex-spouse may have a claim to some of that revenue, either through an unjust enrichment theory or, in Florida, potentially through a post-judgment modification if alimony is involved.

Florida courts have broad equitable powers, and judges do not look kindly on parties who profit at the expense of their former spouse's dignity. This is the kind of issue that could also arise during the divorce itself, particularly in contested divorce cases where one party's public conduct becomes a central point of conflict.

What This Means for You If You Are Divorcing in Florida

Whether you have 300 followers or 3 million, the lessons from Kalil v. Kalil apply:

For couples who want to avoid these kinds of conflicts entirely, a collaborative divorce process can include agreements about confidentiality and social media conduct that protect both parties.

Frequently Asked Questions

Can I sue my ex-spouse in Florida for sharing private details about our marriage online?

Yes. Florida recognizes the tort of public disclosure of private facts, which allows you to sue someone for publicizing private information that a reasonable person would find highly offensive. Unlike defamation, truth is not a defense. If your ex shares intimate details about your sexual life, medical history, or other deeply private matters to a public audience, you may have a viable claim. You should consult with an attorney to evaluate the specific facts of your situation.

Can social media posts affect custody decisions in Florida?

Absolutely. Florida courts determine custody, which Florida law calls time-sharing, based on the best interests of the child under Florida Statute Section 61.13. A parent's social media activity can be introduced as evidence of poor judgment, hostility toward the co-parent, or an inability to foster a healthy relationship between the child and the other parent. Judges have significant discretion here, and inflammatory or overly personal posts about your ex can genuinely hurt your case.

Does Florida have any specific laws about what you can say about an ex-spouse after divorce?

Florida does not have a statute specifically prohibiting speech about a former spouse. However, the combination of common law privacy torts, potential defamation claims, and the family court's equitable powers creates a framework where harmful public statements can carry real consequences. Additionally, many divorce settlement agreements and parenting plans include non-disparagement clauses. Violating one of those clauses can result in contempt of court proceedings.

I will be watching the Kalil case closely as it develops, because the outcome could influence how courts across the country, including Florida, handle the growing problem of social media oversharing in divorce cases.

If you are going through a divorce in Florida and have concerns about your ex-spouse's online conduct or want to make sure your own social media activity does not hurt your case, a strategy session is a good place to start. You can also ask questions through our AI legal assistant, Victoria, for general guidance anytime.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice and should not be relied upon for legal decisions. Every divorce case is unique. If you are facing a similar situation, consult with a qualified Florida family law attorney. Contact Divorce.law for a strategy session.