Financial disputes during divorce proceedings can become more intense when one spouse begins a new relationship, as concerns arise over whether that spouse is using marital funds to support someone else. Courts take these situations seriously, particularly when one person is using shared finances for purposes unrelated to the household or family obligations.
Can a Spouse Spend Marital Funds on a New Partner?
During a divorce, the marital estate is subject to equitable distribution. This means that both parties generally have a right to a fair share of the assets acquired during the marriage. If one spouse uses joint funds to buy gifts, pay bills, or finance trips with a new partner, that may impact how the court views the distribution of assets.
This type of spending is often referred to as “dissipation of marital assets.” Courts may find that one party has used money inappropriately, especially if the spending was intended to benefit someone else while the divorce process is ongoing. Judges may account for this behavior when dividing the remaining property.
What Counts as Dissipation of Assets?
“Dissipation” is typically defined as the use of marital funds for purposes that do not benefit the household and occur after the breakdown of the marriage. Examples may include lavish gifts, hidden bank transfers, or using joint accounts for private vacations with a new romantic interest. Even frequent dining out or hotel stays charged to a joint card could raise concern if the timing and circumstances suggest it was connected to a new relationship.
The timing of the behavior is often important. A court may look at whether the spending started once the relationship began to deteriorate or after a divorce was filed. It must also be shown that the expenses were not authorized or agreed upon by the other party.
How Can I Prove That Money Is Being Spent Improperly?
Certain evidence can prove this:
- Financial records like bank statements, credit card bills, and account activity can build a clear picture of how money is being used.
- Withdrawals that appear excessive or unexplained may warrant further investigation.
- Receipts and travel confirmations can show that funds were diverted toward another relationship.
The court may order your spouse to produce documents or answer questions under oath. In some situations, forensic accountants are used to trace transactions and determine the extent of any misuse.
Can the Court Penalize a Spouse for This Type of Spending?
If the court determines that one party used joint assets for a purpose unrelated to the marriage, it may adjust the final distribution to reflect the loss. For instance, the court may award a greater portion of the remaining property to the other spouse or require repayment.
The court’s goal is to divide property fairly, and intentional misuse of funds can impact that assessment. A spouse who depleted marital accounts for personal benefit during the divorce may find that their share is reduced.
What Should I Do if I Suspect This Behavior?
Do not hesitate to speak with a lawyer about your concerns. Depending on the situation, we can file a motion to freeze certain accounts, request financial disclosures, or seek an adjustment to the property division.
Raising the issue early allows our legal team to begin reviewing records and preparing any necessary arguments. Courts generally prefer transparency, and uncovering this type of conduct at the right time can influence the outcome of the case.
We Invite You to Work With a Toms River Divorce Lawyer at Zeigler Law Group, LLC
Are you going through a divorce but have concerns about your spouse’s financial behavior? A Toms River divorce lawyer at Zeigler Law Group, LLC can help you take appropriate steps if marital funds are being misused. For a free consultation, call our Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey offices at 732-361-4827 or complete our online form. We proudly serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.