Recovering Money Spent on an Affair Partner During a Divorce

divorce Feb 10, 2023

Going through a divorce can be a difficult and emotional process, especially if infidelity was a factor in the breakdown of the marriage. In some cases, one spouse may have spent money on his or her affair partner, and the other spouse may want to recover that money as part of the divorce settlement.

While it can be challenging, when you’re getting divorced, there are steps you can take to recover money that was spent on an affair partner.

Step 1: Gather Evidence

The first step in recovering money spent on an affair partner is to gather evidence. This may include credit card statements, bank statements, and receipts that show the spending. If you suspect that your spouse was using company funds or other marital assets to support his or her affair partner, it is important to document those transactions as well. In some cases, it may also be necessary to hire a private investigator to gather additional evidence.

Step 2: Talk to Your Divorce Attorney

Once you have the evidence, it's important to sit down with your divorce attorney and go over it. Hopefully, your divorce lawyer has experience handling cases involving infidelity and financial issues. He or she can advise you on how the laws in your states apply to this situation.Your attorney can also help you negotiate a settlement that takes into account the money that was spent on the affair partner.

Step 3: Make a Demand for Repayment

If your attorney believes that it's possible to recover the money spent on the affair partner, he or she may draft a demand letter asking your spouse to repay the funds. This letter should lay out the money that was spent, the dates and details of the spending, and the reasons why you believe it should be repaid. If your spouse does not agree to repay the money, your attorney can then take the matter to court.

Step 4: Consider the Characterization of Marital Property

One important consideration in recovering money spent on an affair partner is how the courts view the spending. If the money was spent from a joint bank account or credit card, it may be considered marital property and therefore subject to division in the divorce settlement. However, if the spending was done using separate property (property that was acquired before the marriage or that was gifted or inherited), it may be more difficult to recover.

Step 5: Present Your Case in Court

If the matter cannot be resolved through negotiation, it may need to be presented in court. During the trial, you will need to present evidence of the spending and argue why it should be repaid as part of the divorce settlement. Your attorney will also be able to argue on your behalf and advocate for your rights.

Recovering money spent on an affair partner during a divorce can be a complex and emotional process. However, by gathering evidence, working with your divorce attorney, and presenting your case in court, you may be able to recover the funds as part of the divorce settlement. It's important to work with an experienced attorney who can advise you on your rights and help you achieve a favorable outcome.

If you’ve been the victim of infidelity, check out our free resource “Steps to Take After Catching a Cheater.”

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