02 Jul Reckless Spending During Divorce: What Can you Do?
Introduction: Reckless Spending During Divorce – What Florida Law Lets You Do
Reckless spending during divorce can put your financial future at serious risk. If your spouse is wasting money, hiding funds, or making large purchases during your divorce, Florida law gives you ways to stop it. From asset freezes to unequal property division, the courts take this issue seriously. If you’re dealing with reckless spending during divorce in Miami or anywhere in Florida, understanding your legal options is crucial.
Understanding Reckless Spending During Divorce in Florida
Under Florida law, “reckless spending during divorce” refers to the intentional or irresponsible use of marital funds by one spouse. This often includes luxury purchases, gambling, gifting assets, or excessive spending that harms the marital estate. Courts look at whether the spending:
- Occurred while the marriage was breaking down
- Was done for personal or non-marital purposes
- Was concealed or not agreed upon
- Exceeded the couple’s normal financial lifestyle
Florida Statutory Framework for Reckless Spending
Florida Statutes § 61.075 empowers courts to account for reckless spending during divorce. If one spouse wastes assets after filing or within two years before filing, the judge may order an unequal distribution of remaining property to compensate the other spouse. This legal safeguard ensures fairness and discourages bad-faith financial behavior.
Case Law: How Florida Courts Handle Reckless Spending During Divorce
Florida appellate decisions support penalties for reckless spending during divorce. For example:
- Lakin v. Lakin, 901 So. 2d 186, 188 (Fla. 4th DCA 2005): The court awarded the wife a greater share of assets due to the husband’s reckless financial behavior.
- McMonagle v. McMonagle, 617 So. 2d 373, 375 (Fla. 5th DCA 1993): The court affirmed that dissipated assets could be charged against the responsible spouse’s distribution share.
Freezing Assets to Prevent Reckless Spending
If your spouse is engaging in reckless spending during divorce, filing a temporary injunction under Rule 12.605 can protect your interests. Courts can freeze joint accounts, bar large purchases, and block property transfers. In Miami-Dade County, judges often grant emergency motions when supported by evidence like suspicious bank activity or sudden debt increases.
Steps to Take If You’re Facing Reckless Spending During Divorce
1. Seek a Temporary Injunction Immediately
Use Rule 12.605 to ask the court to freeze assets and limit further reckless spending during divorce. This can preserve your share of the marital estate.
2. Trigger Mandatory Financial Disclosure
Rule 12.285 requires both spouses to submit detailed financial records. If discrepancies suggest reckless spending during divorce, the court may allow deeper financial discovery or impose sanctions.
3. Argue for Unequal Property Distribution
If the court agrees that reckless spending occurred, it can award you a greater share of the assets under § 61.075(1)(i), Fla. Stat.
Proving Reckless Spending During Divorce
To prove reckless spending during divorce, collect:
- Bank statements and credit card bills
- Receipts for large or unusual purchases
- Expert financial witness reports
- Text or email confirmations of hidden or excessive spending
The more detailed your evidence, the stronger your claim.
How Miami-Dade Courts Address Reckless Spending
In Miami, family courts often issue standing orders that bar asset transfers or large spending once divorce is filed. Violating these orders can result in contempt, asset freezing, or negative inferences during trial. Judges in the Eleventh Judicial Circuit are well-versed in tracing financial misconduct in complex divorce cases.
Costly Mistakes to Avoid
- Ignoring early signs of reckless spending during divorce
- Failing to keep financial records
- Letting emotions delay legal action
- Relying on verbal agreements
What the Court Considers
Courts analyze whether the spending was intentional, excessive, hidden, and whether it damaged the marital estate. Proving reckless spending during divorce with credible documentation greatly increases your chance of success.
Reckless spending during divorce is more than frustrating—it’s a legal issue that can harm your financial stability. Florida law offers tools like injunctions, discovery, and unequal distribution to hold the reckless spouse accountable. If you’re in Miami and facing this situation, consult a qualified divorce attorney immediately to protect your rights and your future.
Frequently Asked Questions
What is considered reckless spending during divorce?
Spending on luxury goods, gifts to outsiders, gambling, or other unjustified expenses that deplete marital funds without mutual consent.
How can I stop my spouse’s reckless spending during divorce?
You can file a motion for temporary injunction, request account freezes, and use financial disclosures to expose the behavior in court.
Will the court compensate me for reckless spending?
Yes. The court can award you a greater share of the marital assets to offset the waste caused by your spouse’s reckless spending during divorce.
Is reckless spending during divorce a crime?
No, but it can lead to civil penalties, unequal distribution of assets, and court sanctions.