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What if your spouse depletes marital assets before divorce?

On Behalf of | Feb 3, 2025 | Divorce

When a marriage begins to fall apart, one spouse might misuse or intentionally waste marital assets to gain an advantage over the other or to retaliate against them. They may, for example, go on a spending spree with funds from a joint account or use shared credit cards for unnecessary purchases like luxury items or vacations.

When this happens, it could leave you feeling blindsided and financially vulnerable, especially as the divorce process begins. Here’s what you can do to protect your interests if you suspect your spouse is depleting marital assets. 

Gather the necessary documentation

You’ll need evidence showing your spouse’s spending habits are out of line with the normal course of the marriage. This could include excessive withdrawals, large credit card charges or hidden financial activities. Documents like bank statements or credit card records can be essential in proving your case.

Take measures to protect the remaining marital assets

You can request a temporary court order to prevent further depletion of marital assets if you can prove your spouse’s financial dishonesty. This is where the evidence you gathered comes in handy. A judge can freeze joint bank accounts or stop the sale of property pending the resolution of the divorce. 

Assert your legal rights

If your spouse has intentionally reduced the value of the marital estate, the judge may award you a larger portion of the remaining marital assets. They may also order your spouse to pay you back the funds or assets they have improperly used or hidden.

Legal guidance is crucial to ensure that any such unfair actions by your spouse are addressed and that you receive a fair portion of the marital estate. With the proper assistance, you can work towards securing your post-divorce financial future despite any attempts by your ex to shortchange you.