Discovering an Affair and Misused Assets

Finding out that your spouse is having an affair is heartbreaking. It's even worse when you realize they've been using your family’s income or savings on their affair partner. This can include gifts, vacations, or even living expenses for the affair partner. If you’re dealing with this, here are some steps you can take.

Filing for Divorce

If your spouse’s affair partner is using marital assets, you need to decide if you want to stay married. If you choose to stay, there's not much you can do to recover the money unless the affair partner got the assets fraudulently. In that case, your spouse would need to try to get the money back.

If you forgive your spouse and stay married, it may be hard to claim a larger share of marital assets later. Your spouse could argue that you knew about the spending but chose not to divorce, making it difficult to address the issue in court.

Postnuptial Agreement

Another option is a postnuptial agreement, though it might still need to be resolved fully. You could try to calculate how much was spent on the affair partner and agree that you’ll receive that amount first if you get divorced. However, this agreement mainly deals with past spending and won't stop future expenditures on the affair partner.

A postnuptial agreement also has limitations. Without filing for divorce, you can’t demand documents from your spouse or subpoena third parties for records. You would only get the documents your spouse is willing to share, which might not be the full picture.

Discovery Process

If you file for divorce, you can use the discovery process to gather information. This starts with exchanging essential documents like tax returns, bank statements, and paystubs. These documents need to be provided within 45 days of serving the divorce complaint.

To get a quicker response, you might formally request documents from your spouse. This can include bank statements, credit card records, and communications with the affair partner. Alternatively, you can subpoena financial institutions to get the records directly.

Analyzing the Documents

Once you have the documents, it’s time to analyze them. Your lawyer can help cross-reference and spot suspicious transactions. You may need to help your lawyer understand which expenses were for family or business and which were for the affair partner.

Depositions

Documents might not tell the whole story, so you may need depositions. This involves your lawyer taking sworn testimony from your spouse and possibly the affair partner. They can ask about expenses, gifts, and trips to get a fuller picture of the spending.

Accounting and Compensation

After gathering and reviewing all evidence, you’ll know how much was spent on the affair partner. During divorce negotiations or trial, you can argue for compensation by adding the amount spent back into the total marital assets, ensuring a fair division.

Punishment for Cheating

Courts generally don’t punish spouses for cheating beyond compensating for misused assets. It’s easier to get a no-fault divorce, which doesn’t require proving the affair. Even with an adultery claim, the court only compensates for the dissipation of assets.

Conclusion

Affairs are devastating, but you can take steps to ensure fair compensation for misused marital assets. Consulting with experienced divorce and custody lawyers at P. A. Davis Law Office, LLC, can help you steer this difficult situation and protect your interests.

If you need further guidance or wish to schedule a consultation, don't hesitate to contact our office. We're committed to protecting your legal and financial interests during these challenging times.