Squandering Assets
Can you squander your assets in order to prevent your spouse from getting any money from you? After all, you can’t be ordered to pay an alimony settlement if you’ve gambled all the money away in Las Vegas, right? Technically speaking, a judge cannot order you to make the money that you’ve squandered magically reappear. However, there can be consequences for intentionally squandering assets, including jail time. If you intentionally squander assets, you may be ordered to offset the portion you squandered with a portion of the marital estate that would have gone to you. For example, if you squandered your 401k so that your ex wouldn’t get any of it, you may still be ordered to pay your ex the portion of the 401k that s/he would have received, you’ll just have to offset it with something else—the equity in the home, for example—since you have depleted the 401k. There may also be a money judgement against you, and you may have your wages garnished. In case it needs to be said, squandering assets so that your spouse cannot have them will make the divorce process more difficult for you and your spouse.
Shopping Other States’ Laws
Could you move to a state with really restrictive alimony laws to ensure that your spouse doesn’t get a dime in alimony? You could, but chances are that it’s not worth it. You’d also have to live in the state for long enough for the state to have jurisdiction over your divorce. If your spouse does not move with you, there may be court proceedings to determine which state has jurisdiction, and your spouse may very well win. Also, if you have children, moving them across state lines only to further uproot their lives with a divorce may not be worth the hassle that state’s laws would cause your ex. Another issue you may run into: if your spouse will not move with you, you may not be able to move out of state with the children, as it will likely be decided as in the child’s best interests to stay in state. While you yourself would have the ability to move, you may give up invaluable time spent with your kids in order to move out of state.
Cutting off Resources
Just because you can doesn’t mean that you should. You likely have the ability to cut your spouse off from resources, but that doesn’t mean that there will not be consequences for doing so, especially if you’ve already been ordered to provide those resources and are refusing to comply with the court order. You may change your direct deposit to an account that your spouse does not have access to, but you should seek legal advice from a qualified attorney before you begin cutting your spouse off of resources such as utilities, access to bank accounts, health insurance, car insurance, etc. If you move money from joint accounts—such as a savings account—do not assume that you will be able to keep that money forever. A judge may order you to pay a portion of what you took or, in some cases, the entire sum you took, to your spouse.
Fleeing the Country
You may have seen people advise fleeing the country as a good way to avoid alimony, child support, or other financial obligations during the divorce process. Fleeing the country in order to escape the ramifications of the divorce process is not a viable option for the average person and should not be considered. If you do not show up to the divorce proceedings, your spouse can still divorce you, and they will be eligible for a default judgment, meaning they will likely get whatever they ask for. While the government may not be able to force you to pay alimony and/or child support payments that you’ve been ordered to pay while you’re out of the country, they will likely be able to force you to make those payments as soon as you get back. Though it probably doesn’t need to be said, fleeing the country with your children should never be done, and may result in very serious criminal consequences.
Alienating the Children
A lot of people advise telling the children about the spouse’s misdeeds or contribution to the downfall of the marriage. This is, in most cases, very bad for children to hear. Parents also attempt to alienate children by not enforcing boundaries, turning the children against their other parent, refusing to enforce rules, spoiling the children, creating no-win situations for the other parent, and more. Although the child may not be old enough to understand what’s going on, they will likely understand eventually, and it could have disastrous consequences for your relationship with your child. Furthermore, there may be civil consequences as well, such as a reduction in custody, reduction in parent time, or reduction in access to the children.
When You Need Legal Advice
There’s a lot of free legal advice online–but most of it isn’t good, and there’s no telling which pieces of advice would be relevant to you. If you’re looking to get the best outcome possible, speaking with an attorney may be your best option. At CoilLaw, we’re here for you; contact us today to get started with your initial consultation.
