How To Get Money Inappropriately Spent During Divorce Returned
Division of assets can be one of the most difficult parts of a divorce, and the situation is worse when your spouse starts spending money or selling marital assets after you've separated, but before the divorce is finalized.The courts in the U.S. take this into account when they decide how to divide property.If you intend to claim your spouse spent money during the divorce, you must notify the court.
Step 1: Notices should be filed with the court.
Dissipation of marital assets is the result of inappropriate spending by a spouse during divorce.You have to file advance notice with the court if you plan to claim dissipation.If your state law requires you to file notice, it will give specific deadlines by which you must do so if you want to claim assets at trial.You have to file advance notice with the court in Illinois at least 60 days before the trial.You can file within 30 days if the discovery process makes it impossible.The date when the marriage broke down, the property that your spouse dissipated, and the period of time during which this happened must be identified in your notice.There is usually a maximum period for which you can claim the assets.If your spouse had a decade-long affair, you may only be able to claim dissipation of assets for inappropriate expenditures made a few years before the divorce petition was filed.The period of time may be shorter if you knew about the problem.
Step 2: You should organize your evidence.
If you want to prove that your spouse dissipated or wasted marital assets, you need detailed spreadsheets and concrete evidence.The court will look at the expenditures you note objectively and subjectively in the context of your marriage and relationship as a whole.You have to prove the amount of specific expenditures using receipts, credit card statements, or other independent evidence.An inappropriate expense is one that stands out from the normal expenses made by you or your spouse.If your spouse suddenly starts spending a lot of money on entertainment, such as going out to bars or movies more often than they did in the past, you could argue that they were made inappropriate.Courts look at the sale of assets by your spouse.If your spouse starts selling furniture or electronics from the house, you will not be able to have them.It is possible to make your points clearly for the judge if you have well-organized evidence in spreadsheets.
Step 3: Your case should be presented to the court.
You will make your claim during the trial.The person making the claim should point to the expenditures that they think are inappropriate.You have to prove the specific expenditures, including the amounts and dates.You may be responsible for explaining why you think the expenses are inappropriate.The spouse's normal expenses are usually shown to be different during the course of the marriage.Expenses can be inappropriate if your spouse is spending money on an extramarital affair.
Step 4: Listen to your spouse's side of the story.
Your spouse has to prove where the money was spent and that it wasn't inappropriate.Once you've satisfied your burden regarding the expenditures, the burden shifts to your spouse, who has to prove that these expenditures weren't inappropriate under the circumstances.Buying gifts or spending money on a lover is not appropriate for the courts.Although you may have separated, it is not appropriate for your spouse to date anyone until the divorce is finalized.Other reasons may be presented by your spouse.They will usually lean on the separation, for example stating that they had just rented a new apartment and had to buy furniture or other items for that apartment.Ordinary household expenses, including maintaining and furnishing a new home, won't be considered dissipation by the courts.The purchase of items that aren't necessary for the household may be considered dissipation.
Step 5: Receive the judge's decision.
The judge will make a decision on your claim at the end of the trial as part of his ruling on how to divide the property.If the judge finds that your spouse was dissipating assets, you will usually get a larger share of the remaining property.The judge won't order your spouse to pay you money back that he or she spent indiscretions during the divorce.When dividing the property, the judge will take those amounts into account, giving you a bigger share of the assets.If you had a joint bank account with $20,000 in it, and your state's marital property laws dictate that you are entitled to half of those assets, you would normally get $10,000 from the account.There would be only $15,000 left in the account if your spouse spent $5,000 while the divorce was pending.If you didn't prove the amount of money in the account, you'd be entitled to half of it.If you prove that you've dissipated $5,000, the court will give you 10% of the remaining balance, which is the half to which you were entitled before your spouse's spending.
Step 6: If you wish to file an appeal, consider it.
If you don't agree with the judge's decision, you have a limited period of time to file an appeal.If you think you want to appeal the judge's decision, you need an attorney to advise you.The facts presented at trial are not usually reconsidered by appeals courts.The trial judge's discretion in dividing your property will be examined by the appeals court.An attorney's assistance is a must since the appeals process requires extensive written briefings and oral arguments.
Step 7: Take a closer look at your spouse's financial disclosure form.
You and your spouse have to complete a financial disclosure form when you file for divorce.The form can be used to uncover inappropriate spending.Tell your lawyer if you have reason to believe your spouse has been dishonest.Financial disclosure forms are signed under oath.Financial accounts are included in your spouse's financial disclosure form.To find discrepancies, compare them to your own records.
Step 8: There are discovery requests for financial records.
Your attorney can use the tools of the discovery process to uncover evidence of inappropriate spending, including requesting financial records and account statements.Even though your spouse's financial disclosure form may have been accurate at the time it was completed, there could be additional expenditures made since the form was filed.Determine what financial records should be provided through requests for production with the assistance of your attorney.The spouse interrogatories are written questions that must be answered under oath.Your attorney can question your spouse about spending after you filed for divorce.
Step 9: Take a look at when the expenditures were made.
Expenditures must have been made after the breakdown of the marriage to be considered inappropriate in many states.Although it may be earlier, this would be the date you filed for divorce.If you separated from your spouse before you filed for divorce, the date would be considered the breakdown of the marriage.Appropriate expenditures are those that are wasteful, but also include expenditures your spouse made for someone they are dating, such as gifts or vacations.It can be difficult to prove that your spouse was the one who initially filed for divorce if your state only considers inappropriate spending after the breakdown of the marriage.If your spouse knew they were going to file for divorce long before you did, they could have begun making their move earlier by quietly rearranging accounts and selling off assets.You have little to no recourse if this was done in order to deprive you of your spouse's assets.
Step 10: Evaluate your spouse's intent.
You can flag expenditures made prior to the breakdown of the marriage if you can prove that your spouse intended to deprive you of your assets.If your spouse was the one who filed for divorce first, this rule will benefit you.It can be difficult to prove your spouse's intent.Your attorney will want to question your spouse about why the expenditures were made.Depositions are a part of the discovery process.A transcript of the proceedings is produced by a court reporter.It is unlikely that your spouse will say that the expenditures were made with the intent to deprive you of marital assets, so your proof must rely on implications from the types of expenditures made and their timing.
Step 11: Hire a forensic accountant.
A forensic accountant can help you zero in on improper spending if you suspect your spouse is hiding assets.A forensic accountant has experience in both accounting and legal requirements.They will look at your financial records to see if there are any hidden assets.If you're familiar with your spouse's spending habits, you can compare them to their spending during the divorce to see if it was appropriate.A forensic accountant can quickly analyze financial reports and other documents and uncover items that seem out of order.They will give those items to you so you can see what you know about your spouse.
Step 12: You can open a separate account.
If you're worried about your spouse draining joint bank accounts or spending money in ways that are inappropriate, opening a separate bank account in your name may be the best way to protect your money.If you want to separate your finances before you file for divorce, you should open a separate bank account.Even if you don't have much in it, you should open a separate bank account as soon as possible.You can get 50 percent of the money in joint accounts in most states.Before you file for divorce, you should withdraw money from a joint account.If your paycheck is deposited into a joint account, talk to your employer about changing your direct deposit so that you have a separate bank account.If you want to continue paying bills that are set to auto-pay, you'll need to change the information on those bills once you pull your money out of the joint bank accounts.
Step 13: Cancel joint credit cards.
If you have any joint credit cards with your spouse in which you are both listed as primary account holders, you both are liable for the full amount of the debt.If you close these accounts, you won't be liable for debts your spouse runs up.If you have listed your spouse as an authorized user on your credit card, you can get their authorization revoked.Take your name off any cards that your spouse is responsible for.Send letters to banks and financial institutions to let them know that you are no longer responsible for your spouse's debts.
Step 14: You should change your passwords.
Any online accounts where your spouse could potentially run up inappropriate charges should be secured with new passwords that he or she can't easily guess.If you have a family email account or your spouse knows your email password, you may want to set up a new email address.If you leave the same email address, your spouse may be able to retrieve the email and set a new password.If your spouse can still access the accounts online, he or she can reverse any of the changes you've made.Changing passwords of marital accounts to which your spouse has an equal claim could get you in trouble with the court.
Step 15: Seek an injunction.
If you want to stop your spouse from taking certain actions during the divorce, you can ask the court to issue an injunction against them.You can fill out a form to request an injunction in the family court.When your petition was filed, they probably already asked for an attorney, but you should ask to make sure.When a petition for divorce is filed, injunctions are issued in some states.After you've filed your petition, you will have to ask for an injunction.The injunction usually lasts until the trial or agreement between you and your spouse is reached.If you have an injunction, your spouse can be held in contempt for violating it if they continue to spend money they don't have.