Divorce can be reasonable or even amicable in cases where spouses approach the process in good faith. So long as they cooperate with one another and provide accurate information, each spouse can walk away confident that the property division settlement is fair.
Unfortunately, many people preparing for divorce cannot set their emotions aside. Their anger about the failed marriage or other intense emotions may motivate them to engage in misconduct and outright illegal behavior.
People often try to game the system in the hopes of achieving an imbalanced property division decree that is clearly in their favor. Spouses who are aware of how such intentions manifest may be in a position to identify and fight back against attempts to manipulate property division proceedings.
How do people sometimes try to achieve an unfair divorce outcome?
By wasting or destroying assets
There are many ways for people to dissipate marital property or waste assets that should belong to both spouses. Sometimes, a spouse preparing to file for divorce intentionally changes their spending habits. They empty checking accounts or max out credit cards by making frivolous purchases.
Other times, people may take out their negative emotions on marital property. They may destroy a spouse’s wardrobe or gaming computer. Any attempts to destroy marital assets, waste marital income or otherwise diminish the marital estate can constitute dissipation. People who can quantify dissipation can ask the courts to factor that financial misconduct into the final property division decree.
By hiding marital property
Hidden assets are another strategy that may allow one spouse to manipulate the divorce process in their own favor. Some people divert income from a shared account to a hidden bank account and then try to underreport their current assets and income during the property division process.
Others might physically remove resources from the marital estate. They might take antiques or valuable pieces of art to a storage unit, a new rental home or the house of a trusted friend. Spouses generally have an obligation to disclose all of their resources to one another during divorce negotiations.
Intentional attempts to misrepresent marital finances can lead to the courts penalizing the spouse who lied. Those facing complicated, emotional divorces who believe their spouses might try to manipulate the process may need help protecting themselves.
Working with an attorney to assess financial disclosures and manage property division negotiations can diminish the likelihood of one spouse falling victim to the misconduct of the other. People who identify attempts to manipulate the divorce process can potentially hold their spouses accountable and secure a more reasonable property division settlement when they divorce.