Realizing that your spouse was in the marriage for their own financial benefit, and not for love is hurtful. Often, the first instinct would be to ask for everything you have provided for his or her benefit to be returned to you. But is that realistic or even legal?
What can you expect when you are facing this situation? Well, the Court cannot and will not generally get involved with having your spouse return all the gifts you have purchased or all the money you have spent upon him or her during your marriage. However, if there is a claim of marital waste or a true case of fraud which can be proven, that fact may impact the distribution of marital assets.
Most likely, the money you have given during the marriage will be considered to be an interspousal gift, this is especially so if the money no longer exists, wasn’t used in a way that the marital lifestyle would dictate to be wasteful and you were not actually defrauded out of the monies. Courts will likely not look back through the years and undo every financial decision that was made during the marriage, but if something fraudulent occurred, the Court will address it!
So if you think that your spouse committed marital waste or defrauded you out of money, property, signed a mortgage fraudulently etc., let’s talk this out so that you are well-armed and well-versed on your rights.
And, if you need additional help to actually plan for a divorce or separation, I am here now to help you Turn Fear Into Power When Happily Ever After Fades Away®.