How a Spouse’s Gambling Problem Can Affect a Florida Divorce
If your partner’s gambling played a role in the breakdown of your marriage, it’s vital to understand how this might affect your Florida divorce. Every case is different, but Florida law gives judges the power to consider financial wrongdoing when dividing property and determining support obligations. Read on to learn more!
Gambling Losses and Property Division
Florida follows the equitable distribution rule, which means the court aims for fairness in dividing property and debts, which doesn’t always mean a 50/50 split. Judges usually start with the presumption that equal division is the fair option, but may order something different if the facts call for it.
Under Florida Statute section 61.075, one factor courts may consider is the intentional dissipation, waste, depletion, or destruction of marital assets after a divorce is filed or within the two years before filing. Secret gambling losses, especially big ones, can end up being a major factor during your divorce.
What Does “Dissipation of Marital Assets” Mean?
Dissipation occurs when one spouse intentionally wastes marital resources for reasons unrelated to the marriage, especially when the marriage is already falling apart. Gambling can sometimes qualify if marital money was repeatedly used to fund casino trips, online betting, or other forms of gambling without the other spouse’s knowledge or consent.
But not all gambling losses are treated the same. Courts weigh details like:
- When and how often the gambling occurred
- Whether marital money funded it
- If the losses were concealed
This makes evidence crucial in these cases.
Gambling Losses and Support Decisions
A spouse’s gambling problem may also influence decisions involving alimony. Although Florida courts do not punish someone simply for having a gambling addiction, they do examine each spouse’s financial circumstances when determining whether support is appropriate and, if so, how much should be awarded.
If your spouse’s gambling drained your savings, racked up new debt, or changed how your family lived, the court will pay attention to those details. Judges look at the facts to decide if gambling-related spending should affect who gets what in the divorce.
Hidden Debts Can Complicate Divorce
Gambling can also create hidden debts. Sometimes, a spouse will secretly open credit cards, take out loans, or even withdraw from retirement accounts just to keep gambling. Figuring out whether those debts should be shared or left to the gambler alone isn’t always straightforward. The court usually looks at why the debt happened and whether it helped the family in any way. If gambling caused a pile of debt and your family didn’t benefit, that could tip the scales in your favor when it’s time to settle your finances.
Documentation Is Crucial
If gambling harmed your family’s finances, the sooner you start gathering records, the better. Gather things like:
- Bank statements
- Credit card statements
- Casino transactions
- Loan documents
- Retirement account activity
- Records of admissions, apologies, or arguments regarding lost money or secret betting
These records can help establish where marital funds went and whether there were unusual spending patterns.
Contact an Orlando Divorce Lawyer
If your spouse’s gambling has put your financial future at risk, the Arwani Law Firm is here to help. Our Orlando divorce lawyer at the Arwani Law Firm can help protect your rights, guide you through every step of the divorce process, and pursue a fair outcome.
