You Can Recover Money Spent on an Affair in Your Carlsbad Divorce

Can You Recover Money Spent on an Affair in Your Carlsbad Divorce?

Pierre Domercq Community Property Division

Can you recover money spent on an affair in your Carlsbad divorce?  We are often asked about the impact of an affair on a divorce case.  Basically, the fact that one or both of the spouses had an affair during the marriage may be irrelevant.  California presumes irreconcilable differences as the reason for a divorce.  You don’t have to prove the affair in order to seek a divorce.

We will deliberately eschew any of the obvious and genuine emotional issues associated with an affair, but it is important to focus on one important aspect if you suspect or know your spouse was having an affair prior to the date of separation: If marital funds were used to provide lavish gifts or pay for trips, meals or other expenses there may be a valid claim associated with the wasteful dissipation of community assets.

If expenses can be documented as evidence you may be able to recover your half of the community’s money spent on an affair during property division in your Carlsbad divorce.  This is true for many other forms of wasteful spending or the foolish management or handling of community assets.  The Court may consider many questionable actions taken by your spouse as wrongful dissipation and order compensation for these actions to be deducted from your former spouse’s share of community property.

A few other examples of wasteful dissipation can include running up credit cards in advance of a divorce, gambling and other addictions, or any expenditures which were “out of the normal lifestyle” and which did not benefit both spouses.  Generally speaking, the Court can and will take the imprudent, unreasonable or irresponsible actions of a spouse into account during the process of community property division.

If you can document gifts, travel and other expenses your spouse paid for during an affair using community funds you absolutely have the potential to recover money spent on an affair during the property division portion of your Carlsbad or San Diego divorce.  We invite you to review the strong recommendations of former clients and the legal industry, protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.