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What can you do if your spouse misuses marital property?

On Behalf of | May 28, 2024 | Divorce

The assets you acquired as a couple during your marriage (marital property) are subject to division when you divorce. Therefore, when your spouse wastes or misuses them, it could negatively affect the divorce settlement. You may end up with less than you are entitled to.

The misuse of marital property mostly happens during the breakdown of a marriage and can take many forms. It could be extravagant spending, gifts to third parties, gambling or other expenses that do not benefit the marriage. Here is what you can do to protect your financial interests when this happens.

Gather relevant evidence

If you suspect your spouse is misusing marital property, start by collecting evidence of their financial misconduct like bank statements, credit card bills or witness testimony. Such documentation can help prove your claims and assess the extent of the misuse.

In some cases, you may need to file a motion with the court to compel your spouse to disclose financial records if they are not forthcoming with the truth. You can also freeze marital assets to prevent further misuse.

Seek legal guidance

If you prove your spouse misused marital property, the divorce court can adjust the asset division process to compensate you for the loss. The misuse of marital property is among the factors considered during the property division in Pennsylvania. It may mean awarding you a larger share of the remaining assets to ensure fairness.

Remember, taking swift action is crucial when dealing with sensitive financial matters like this during a divorce. Delaying could limit your options toward recovering what is rightfully yours and potentially cause irreversible damage that could affect you for years post-divorce.

Reaching out for urgent legal assistance as soon as you notice any financial misconduct in the lead-up to and during your divorce can help you get personalized guidance and safeguard your interests.

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