Financial Infidelity: How It Impacts Your Divorce Settlement and Your Legal Rights (2024)

Financial Infidelity: How It Impacts Your Divorce Settlement and Your Legal Rights (2)

Marriage is built on trust. When we exchange vows, we promise to share our lives and fortunes with our partners — for better or worse. Unfortunately, financial infidelity has become a growing epidemic that silently corrodes the foundation of many marriages.

Financial infidelity involves deception around money — hiding debts, making major purchases in secret, or maintaining secret accounts. As someone who has spoken with numerous couples facing financial betrayal, I’ve seen firsthand how this breach of trust can bring a marriage to its knees.

Here, I’ll share wisdom and practical insights to help you protect your rights and recover if you’ve experienced financial unfaithfulness that I have learned over the years. With understanding, legal knowledge, and emotional healing, a stronger future is possible even after financial infidelity.

Financial infidelity manifests in many forms, but the root issue is dishonesty and deception around money by your spouse or partner. For Sandy, it was finding out her husband Dan had secretly borrowed $15,000 from his parents to buy a boat. For Antonio, it was discovering his wife Elena had racked up nearly $8,000 in credit card debt without telling him.

Other common examples include hiding investment or gambling losses or large inheritance from any source, making lavish purchases secretly, or stashing money in undisclosed accounts. Left unchecked, financial deceit can destroy budgets and erode the trust that holds a relationship together.

Financial Infidelity: How It Impacts Your Divorce Settlement and Your Legal Rights (3)

While financial infidelity itself is not technically a crime, some associated behaviors like fraud or theft may be. You have options to protect your interests through legal action.

For example, if funds were siphoned from joint accounts without permission, you may be able to sue your spouse civilly for conversion or misappropriation. Your case will depend on showing the money was used inappropriately against your wishes.

Consult an attorney to understand if you have grounds for a case. Litigation can be emotionally and financially draining, so weigh this carefully before proceeding. However, it may help recover losses.

Additionally, evidence of financial misconduct can influence divorce proceedings. Hidden assets and debts will impact the division of property and spousal support determinations. Your lawyer can petition the court to consider these factors.

While the law provides remedies, legal action alone cannot heal the heart. Read my other article here to explore the emotional fallout and paths to recovery from a financial betrayal.

Know How to Heal Your Wounds and Restore Your Trust in Each Other

You may have a civil case against your spouse for misusing marital funds or joint accounts without your consent. An attorney can review your options based on state laws and the specific circ*mstances.

For example, if your spouse secretly emptied $15,000 from a shared savings account, you may sue for conversion of assets. Or if they fraudulently acquired loans in both your names, you may have a case for misappropriation.

Lawsuits require proving improper use and can be an emotionally difficult process. Weigh your options carefully. However, legal action can potentially help recover losses resulting from financial misconduct.

While financial infidelity is not an official ground for divorce, deceitful behaviors can have legal implications in proceedings:

  • Division of Property — Hiding assets or debts skews division. For example, if your spouse secretly amassed $100,000 in stock investments, you likely have a claim to half. The court can award an equitable share of undisclosed savings, inheritances, properties, and other marital assets.
  • Spousal Support — Cheating finances may mean you receive more alimony. Judges consider the standard of living and income. Secret accounts and expenditures may justify increased support.
  • Child Support — Hidden assets can enable higher child support orders. Courts determine support based on parental income and circ*mstances. Uncovered wealth may boost payments.
  • Legal Fees — Your lawyer can petition for your spouse to pay your legal fees if financial deceit is proven. Some states award fees in cases of fault, such as financial misconduct.

Thoroughly documenting financial duplicity boosts your position in settlement negotiations. Although fatiguing, exposing secrets legally can help protect your rights and recover marital losses. An attorney experienced in financial infidelity may have creative approaches to secure a just settlement.

However Difficult it May Seem, It is Never too Late to Save Your Marriage from the Brink of Divorce.

Financial control often enables further relationship abuse:

  • Criticizing Spending — Partners may belittle your purchases and money management. This attempts to undermine your confidence in handling finances.
  • Restricting Access — Preventing access to accounts, cards, or funds limits independence. This perpetuates dependence on the controlling partner.
  • Providing an Allowance — Rather than equal finances, the abusive partner doles out a small allowance. This impedes your freedom and self-worth.
  • Unilateral Decisions — Major financial moves made without consultation are red flags. You become trapped in decisions.

Partners seeking to dominate through money may escalate to further isolation, criticism, or violence. The root goal is wielding ultimate household power.

Seeking help early provides support and identifies options before abuse worsens. Counselors can address warning signs and assist in creating a safe exit strategy. You deserve an equal partnership free of mistreatment — financial or otherwise.

Gathering Evidence for Divorce Cases

When filing for divorce, especially after financial infidelity, it is important to be well-prepared by gathering the necessary documentation. This evidence will help support your claims and protect your interests. Here are some key documents to gather:

  • Bank and credit card statements: These provide a clear picture of financial transactions and can reveal any suspicious activities or hidden accounts.
  • Loan applications and liabilities: Gathering information about outstanding loans and debts will help assess the financial obligations of both parties.
  • Investment and retirement account records: Documenting investment portfolios and retirement accounts is crucial for assessing their values and ensuring fair division.
  • Tax returns: Examining tax returns can uncover any discrepancies or hidden income, providing a comprehensive view of the financial situation.
  • Property records — homes, vehicles, valuables: Collecting property records, such as deeds and titles, will help determine ownership and value for equitable distribution.
  • Receipts or records of suspicious purchases: Keeping track of receipts or records of unusual or suspicious purchases can be instrumental in proving financial misconduct.

Involving Financial Professionals for Expert Guidance

In complex divorce cases involving financial matters, it is often beneficial to enlist the help of financial professionals who specialize in divorce-related issues. Here are some professionals who can provide valuable assistance:

  • Accountants: Experienced accountants can analyze financial records to identify irregularities, undisclosed assets, or any attempts to conceal income.
  • Financial analysts: These professionals can assess the values of assets and losses, helping to determine fair distribution during the divorce process.
  • Forensic analysts: Forensic analysts have the expertise to investigate financial accounts thoroughly, uncovering any hidden funds or fraudulent activities.

Using Binding Accordsto Safeguard Interests

To protect your assets and interests, it is wise to consider the use of binding agreements. These agreements can provide clarity and predetermined terms in case of divorce. Here are two types of agreements to consider:

  • Prenuptial agreements: These agreements are signed before marriage and outline asset division and financial arrangements in the event of a divorce.
  • Postnuptial agreements: These are similar to prenuptial agreements but are entered into after marriage. They can be used to redefine or modify financial terms if trust is broken or circ*mstances change.

By gathering evidence, involving financial professionals, and using binding agreements, individuals going through a divorce can navigate the complexities of financial matters with more confidence and protection.

However, divorce cannot be the only option! No matter how bad things are, you can make it work. Find out how here.

The moment you uncover financial betrayal rocks your world. At first, pure shock leaves you reeling — you can’t believe this could be real life. Numbness sets in as the scale of deception slowly sinks in.

Restless, sleepless nights follow as anxiety takes over. Endless, worried thoughts race through your mind. How could you have not known? How much damage has been done? Will you ever be able to trust your own judgment again? You feel sick with worry about what else might be hidden.

As shock fades, the pain emerges. Anger wells up from deep within at the injustice done to you. Bitter thoughts spring forth unbidden, destroying previous precious memories. In a rage, you want to confront your betrayer, make them pay, and have them fix this somehow. But no reaction or apology eases the raging beast of fury inside.

Waves of shame wash over you. You feel like a fool for being deceived and blamed for ignoring alleged signs. Financial worries now weigh heavily with no end in sight. Self-doubt corrodes the foundations of identity and confidence.

Under the tumultuous surface lies a profound sadness. The person you thought you knew has vanished, along with your dreams for the future. You grieve for this loss of trust, safety, and stability. The sadness lingers, resurfacing at unexpected moments.

Healing seems impossible when the world has fractured into pieces. But with time, compassion, and support, the sharp edges of trauma subside into greater understanding. Slowly, optimism creeps back in. You begin reclaiming your life. Forgiveness remains challenging, but you realize moving forward with integrity matters most. And one day, hope emerges again from the ashes.

Healing is an ongoing process that takes time, but it is worth the effort for a brighter and more fulfilling future. It is possible to save your marriage and achieve a healthy and fulfilling relationship even after an infidelity.

The moment you uncover financial betrayal rocks your world. At first, pure shock leaves you reeling — you can’t believe this could be real life. Numbness sets in as the scale of deception slowly sinks in.

Financial infidelity can have devastating consequences for individuals and relationships. It is important to recognize warning signs and seek help early on before abuse escalates. The emotional and mental impacts of financial betrayal can be profound, but with support and time, healing is possible.

In cases involving divorce after financial infidelity, it is crucial to gather evidence, involve financial professionals for guidance, and consider binding agreements to safeguard interests. Despite the challenges, it is possible to move forward with integrity and hope for a brighter future.

So take care of yourself and reach out for support when needed. With time, patience, and self-compassion, you can rebuild your life on a strong foundation of trust and honesty.

Remember, the experience may have left you feeling shattered, but it does not define you. You are resilient, capable, and deserving of love and happiness. Keep moving forward, one step at a time. The best is yet to come.

Financial Infidelity: How It Impacts Your Divorce Settlement and Your Legal Rights (2024)

FAQs

Financial Infidelity: How It Impacts Your Divorce Settlement and Your Legal Rights? ›

Potential impacts on asset division and alimony

How does financial infidelity affect divorce? ›

However, it can lead to legal consequences in the context of divorce proceedings. The act of hiding assets, incurring secret debts, or engaging in deceptive financial practices can be sanctioned by family courts, especially when it comes to dividing marital assets or determining alimony and child support.

How does infidelity affect divorce settlement? ›

It is not a punitive measure: the mere fact of adultery by one spouse will not, by itself, impact whether or for how much spousal support will be awarded.

Can I sue my husband for financial infidelity? ›

While you can't usually sue directly for financial infidelity, divorce and marital property laws offer ways to deal with the financial consequences of such actions. The legal system aims to provide remedies for the economic damage caused by financial infidelity within the context of ending the marriage.

What is the damage of financial infidelity? ›

Essentially, it's when one spouse makes significant decisions about money in secrecy. As a result, it can have dire consequences on a marriage. Almost half of the people surveyed agree that financial infidelity can be as painful and damaging to a relationship as physical cheating.

Is financial infidelity abuse? ›

Financial infidelity is surprisingly common. But when one partner keeps money secrets or withholds financial information from the other partner, it might be a sign of abuse.

How do you fix a marriage after financial infidelity? ›

How to Recover from Financial Infidelity
  1. 6 practical ways you can address financial infidelity in your relationship: ...
  2. Acknowledge what's been compromised. ...
  3. Be honest and come clean. ...
  4. Understand your own value system around finances. ...
  5. Examine your relationship. ...
  6. Listen without judgement. ...
  7. Strive for transparency.

Is a wife entitled to half of everything if she cheated? ›

A: As a community property state, cheating has very little impact on a divorce settlement in California. All assets and property that were obtained during the marriage will be divided evenly between the spouses.

What rights do I have if my wife cheated on me? ›

Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.

Does it matter who cheated in a divorce? ›

If one partner can prove that their spouse cheated during the marriage, it can have a significant effect on both alimony and property division.

Can you go to jail for financial infidelity? ›

It's important to understand that while financial infidelity may not be punishable under criminal law, it can influence the outcomes of divorce proceedings, including asset division, spousal support, and child custody decisions.

What is considered financial infidelity? ›

Financial infidelity is when couples with combined finances lie to each other about money. Examples of financial infidelity can include hiding existing debts, excessive expenditures without notifying the other partner, and lying about the use of money.

Can you sue your spouse for emotional distress and for cheating? ›

You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.

Should you divorce over financial infidelity? ›

Discovering financial infidelity does not mean the marriage is a lost cause, but it is a sign that, at the very least, your marriage needs work. In addition to financial difficulties that may have been created, trust has been lost and must be regained.

Should you forgive financial infidelity? ›

If you want the relationship to work out, you're going to have to forgive and move on,” Harzog says. “That's hard when you have been betrayed, but if you want to save your relationship, you will have to take some steps to do so.”

What is the financial damage of divorce? ›

Most men experience a 10–40% drop in their standard of living. Child support and other divorce-related payments, a separate home or apartment, and the possible loss of an ex-wife's income add up. Generally, Men who provide less than 80% of a family's income before the divorce suffer the most.

What does financial infidelity do to a marriage? ›

Furthermore, if one partner has been overspending and creating financial strain, it can lead to arguments and issues that cannot be resolved. Ultimately, this can lead to the end of the marriage. Financial infidelity is a serious issue in many relationships, often leading to divorce when not appropriately addressed.

How does infidelity contribute to divorce? ›

Infidelity is one of the most common reasons for divorce. When one spouse cheats, it can cause significant emotional pain, trust issues, and damage to the marriage. In addition to the emotional impact, infidelity can also have legal implications in a divorce.

What percentage of people get divorced due to financial affairs? ›

Money is widely known as one of the leading causes of divorce in America. It's estimated that financial problems contribute to 20-40% of all divorces. That means that for every 10 marriages that end in divorce, four of them are because of money.

Do you get more in the divorce if your husband cheats? ›

Property Division and Cheating Spouses

When a couple decides to divorce, the courts typically divide property between them. They seek to divide marital property equitably and not equally. As such, a judge may determine that the spouse who didn't cheat should get a bigger portion of the marital assets.

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