how does a lawyer prove financial infidelity

by Viola Bahringer 9 min read

Financial infidelity is defined as one partner’s secretive act of spending money, having separate credit cards or accounts, or incurring debt without the other partner knowing. In divorce proceedings, it is common to employ an accountant to uncover financial infidelity.

Full Answer

How do you prove financial infidelity?

Excessive spending on gifts, trips, or gambling with unexplained withdrawals from joint accounts is a classic sign of financial infidelity. Larger than normal cash withdrawals or checks made out to cash may be another sign.

Can you sue your spouse for financial infidelity?

If your spouse secretly opened an account and incurred debt while conducting an affair or compulsively shopping for their own ends, you may be able to make a claim to the courts that your lack of awareness of the debt and the fact that it only benefited your spouse means that the debt isn't marital property subject to ...

How do you find out if your spouse is hiding assets?

Here are six warning signs that your spouse may be hiding marital assets and/or income:#1: Overpaying Debts. ... #2: Taking Control of the Finances. ... #3: Making Expensive Purchases Without Your Knowledge. ... #4: Opening a Private Post Office Box. ... #5: Making Unknown Payments Out of Joint Accounts. ... #6: Paying Unknown Debts.More items...

Can financial infidelity be used in a divorce?

Financial infidelity also often plays a role in the division of marital assets in a divorce case. If you think your spouse may be hiding financial information or assets from you, the asset division process should wait until those issues are resolved.

What do you do when your spouse lies about money?

7 tips to help you deal with your partner's lies and betrayalAccept that you're going to be in shock. ... Gather evidence. ... Take responsibility. ... Give your partner the opportunity to be open and truthful, instead of lying and being secretive about money. ... Don't expect a change in behaviour. ... Take my relationship test. ... Get help.

How serious is financial infidelity?

The effects can be devastating: a 2018 study showed 76% of married couples involved in financial infidelity say the experience negatively impacted their relationship, and 10% got divorced over it.

Can a private investigator find hidden bank accounts?

Private investigators can find bank accounts California by accessing databases. They may also look through public records such as property filings, tax returns, and other papers.

How can I find out if my ex is hiding money?

One of the best places to get proof of hidden marital assets is the courthouse. If your spouse ever borrowed money for a mortgage company or from the bank, the records will be filed there. The loan application will also contain a list of assets they own as an estimation of their value.

How do I find hidden bank accounts in a divorce?

How to find hidden bank accountsHire a reputable divorce attorney who is knowledgeable about finding hidden assets. ... With the help of an attorney, you can subpoena many valuable records, including employment records, bank statements, loan applications and other account records.More items...

Is financial infidelity a crime?

Is financial infidelity a crime? No, financial infidelity is not a crime unless there was fraud involved. But being secretive about spending money, hiding money, or having secret accounts can lead to a divorce.

Should you forgive financial infidelity?

Ultimately, you must forgive the financially unfaithful spouse to move on. While you may not be able to undo what has happened, you can exercise some control over the future. Your focus needs to be on how to move forward together and achieve mutual goals.

How common is financial infidelity?

3 in 10 couples have experienced financial infidelity in the past year — here are the most common lies.

What happens when you are in a financial infidelity relationship?

The monetary strain of financial infidelity usually leads to loss of intimacy and trust in the relationship. Significant financial decisions made without the knowledge of the other partner endangers the financial future of both people, and can lead to the undermining of the most fundamental parts of a healthy relationship: trust and communication.

What is financial infidelity?

Financial infidelity is a sensitive and sometimes unforgivable occurrence that destroys relationships. There are few studies that show how, when, and if couples are successful in efforts to repair the damage caused by financial infidelity.

How to rebuild intimacy and trust?

Finding ways to rebuild and regain intimacy and trust may seem futile, but open communication is a good place to start the process. The best advice for most people is to be proactive and take the lead in managing not only your daily finances, but your long-term wealth! Be accountable to yourself and strive to thrive!

What assets can you take possession of during separation?

Take possession of certain assets during separation, especially assets you wish to be using, such as autos and furniture, and any assets your spouse could liquidate privately, such as collectibles, cash, jewelry, and bearer bonds. Do NOT file your income tax returns jointly if you are unsure about anything.

Does it matter if you are single?

It doesn’t matter if you are single and beginning a relationship, if you are in a long-term relationship, or if you are negotiating the breakup of a marriage--people often overlook the warning signals for the ways in which they might be taken advantage of financially.

Is domestic violence a form of no fault divorce?

Domestic violence; 6. Imprisonment. Proof is almost always required to justify any allegations. However, most states recognize a form of no-fault divorce. No-fault divorce can be granted on grounds such as irreconcilable differences, incompatibility, or after a period of separation, depending on the state.

What is Financial Infidelity?

The definition of financial infidelity is when a married couple with shared finances are dishonest with one another about debt or income.

How Common is Financial Infidelity?

Financial infidelity is actually very common but it is rarely ever brought up until the couple makes the decision to divorce. Once a divorce in Wisconsin (and most other jurisdictions) is initiated, the parties must fill out financial disclosure statements.

What do I do if I suspect my Spouse is Committing Financial Infidelity?

The decision to do some checking is a delicate one. If you suspect financial infidelity, you do have a right to ask questions but there is always the possibility that there are no answers to be found or you could get caught searching and have to have a difficult conversation. Here are some things to look for.

Is Financial Infidelity Grounds for Divorce in Wisconsin?

Technically speaking, you do not need “grounds” for divorce in Wisconsin. You simply need to tell the court that the marriage is irretrievably broken.

Your financial responsibilities if you are considering Divorce for Financial Infidelity

You will need to get copies of all financial documents available to you. Get all real property and assets appraised and make sure you have copies of your taxes. Be prepared to start planning for your financial future as a single adult and also look into finding assistance for any financial repair you will have to do.

2. You have no idea where the money goes

You and your partner may be contributing a portion of your earnings toward shared expenses. But what about the rest? Do you know how your partner spends the rest of the amount? And do they? Because of this lack of clarity, have you found yourself wondering is it wrong to hide money from your spouse or partner?

4. Hiding new purchases

Have you ever hid a shopping bag under the car seat and snuck it in when your partner wasn’t around? Or have you noticed them wearing something new but when asked they say the item was always in their wardrobe? These actions may seem inconsequential but you’re committing financial infidelity.

5. Being defensive about money points to financial infidelity

Does your partner close up whenever you try to discuss budget or financial plans? Do they deflect by questioning your spending habits? Or change the topic altogether? This defensiveness and lack of will to have an open discourse is a major red flag.

6. No access to their financial information

Even though you may have shared your online banking passwords and credit card PIN with them, your partner hasn’t reciprocated with the same openness. If you do ask them for the same kind of access, they either become withdrawn or blow their top.

7. You have noticed money missing

You have noticed money going missing, be it from a joint account or a stash of the emergency fund at home. At first, perhaps, you thought it was an error in calculation on your part. But eventually, it has become evident that something isn’t adding up.

8. Being removed as a signatory

Let’s say your partner is the primary account holder for a credit card, and they suddenly drop you as the add-on authorized signatory on it. Or you had a joint account from which you have been removed. To make matter worse, your partner hasn’t discussed these decisions with you nor informed you about them.

9. They have assets you know nothing about

Financial infidelity isn’t just about hiding expenditure from a partner. Building a fortune secretly is also equally damaging. Let’s say, your partner has invested in a property or they have started diverting a major chunk of their savings into a trust that you know nothing about, it’s a troubling sign that must not be taken lightly.

What are the Signs of Financial Infidelity?

Financial infidelity takes a variety of forms. Sometimes, it is egregious behavior, such as acquiring large amounts of secret credit card debt. Other times, the behavior is more subtle, such as pilfering money from a savings account for a hobby without telling the other person.

How can I Prevent Financial Infidelity?

As with many other aspects of a relationship, transparency and communication are key. The following are some tips that experts say can help prevent financial infidelity:

What if I Suspect Financial Infidelity?

The first step is to communicate with each other. Sometimes, having transparent discussions about expectations can bring issues to light and quell suspicions. If the couple cannot resolve matters through discussion, it can be beneficial to seek counseling.

What is 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 spouses see bills sent over email?

It's pretty easy in this age of online bill pay and free-flowing credit card offers to hide mounting debt. Every card issuer offers the option to have bills sent over email rather than the postal service, so spouses won't see the monthly statements. From there, people who have trouble managing money can amass tens of thousands of dollars of debt without their partner ever knowing, at least for a time.

Dealing with Financial Infidelity in Divorce Matters

Romantic partners lie and betray in the financial arena just as much as the sexual arena. Usually it is a “white lie”, as in, “What he doesn’t know won’t hurt him”, and involves hiding the cost of a family trip or shoe shopping splurge.

Jacqueline Harounian, Esq

Jacqueline Harounian, Esq. is a partner at Wisselman Harounian Family Law, a top rated family law mediation and litigation firm in Nassau County, and she serves as delegate to the Matrimonial Committee of WBASNY. She can be reached at jackie@lawjaw.com.

How does hidden debt affect divorce?

Hidden debts can impact your divorce by diminishing the value of your marital estate and increasing the balance of various debt accounts you and your spouse have to split and pay off as part of the divorce.

What is hiding assets from spouse?

Hiding assets from a spouse is kind of like planning ahead of time for a divorce. If one partner isn’t aware of an account or a physical asset, they won’t ask for their share of the asset value.

Is financial infidelity a cornerstone of marriage?

In the last few years, the concept of financial infidelity has become mainstream. People who never really thought about whether their spouse might hide assets or debts from them are now acutely aware that financial transparency is a cornerstone of a healthy marriage.