Spousal financial abuse can cause serious harm to the mental, physical, and financial well-being of the exploited spouse. It can prevent them from having any financial freedom and make filing for divorce even more difficult. Financial abuse is a type of domestic violence, but it is much harder to recognize and prove in a divorce. It’s important to work with a Chicago, Illinois divorce lawyer in these cases to protect your rights.
Although many courts recognize financial and economic abuse as forms of domestic violence and abuse, this isn’t stated in Illinois law. This can make it even harder for some spouses to get the justice they deserve during divorce proceedings. It’s crucial to prove the negative effects that financial abuse has on a person’s financial resources, their ability to provide for themselves, and other parts of their life. This can help the final divorce decree provide more assets or support to an abused spouse.
The Basics of Financial Abuse
Financial abuse by a spouse occurs when one spouse controls a couple’s shared income and resources. Sometimes, they even control the resources and income of their spouse. There may also be other types of abuse, such as verbal or physical abuse. Financial abuse can also occur between other family members and even roommates. It is more common that vulnerable individuals are financially exploited through economic abuse, such as disabled adults or the elderly.
Domestic violence and abuse in Illinois are defined as physical abuse, harassment, interference with personal liberty, purposeful deprivation, or intimidation of an individual’s dependent. While this can be interpreted to include financial abuse, it is not written in law. Financial abuse can have significant consequences on an individual. It is important that parties get legal support to protect their personal and financial needs during a divorce.
Signs of Financial Abuse
Some of the ways that financial or economic abuse manifests is when a spouse:
- Limits your access to finances, including your bank account and credit cards
- Forces you to depend on them to receive your income or pay for necessities
- Withholds your paycheck
- Prevents you from getting a job, going to work, or getting an education with the intention of getting a job
- Hides information about the income and expenses of the household
- Will not pay for essential necessities
- Requires you to request money to pay for any specific items
- Makes significant financial choices without your input
- Requires that you give them access to your personal accounts, new assets, gifts, or inheritance
- Makes unrealistic requests about how you spend money
- Monitors your spending decisions
- Holds credit cards only in their name
- Disperses marital assets
- Increases the debt in joint accounts or under your name
- Claims that you are financially incompetent
During a divorce, a financially abusive spouse may attempt to drag out the process of a divorce to increase the financial cost to you. It’s important to be aware of this and determine, with the aid of your attorney, how to prevent it.
The Effect of Financial Abuse on a Divorce
If the court sees sufficient evidence of financial or economic abuse, this will likely change several decisions in a divorce. The court may award you a greater portion of marital assets during property division and/or decide to provide you with spousal support. Depending on the severity of your spouse’s actions on the well-being of your children, your spouse may not be given custody. An attorney can help you determine the likely outcomes in your unique situation.
However, you must be able to prove financial abuse and the extent of its impact on your finances. Your attorney can help you gather this information, including through the formal discovery process, to ensure that your spouse is not hiding assets from you. An attorney may also be able to help you secure temporary support during the divorce proceedings.
FAQs
Q: Is Economic Abuse Grounds for Divorce in Illinois?
A: Economic abuse is not grounds for divorce in Illinois because the state only recognizes no-fault grounds for divorce. Irreconcilable differences are the no-fault grounds for any divorce in the state. However, economic abuse can still affect the divorce proceedings, even if it is not grounds for filing it. Proving economic abuse may impact how the court assigns child custody, awards spousal support, provides child support, and divides marital property. It is important to work with an attorney to prove these issues.
Q: Is Financial Abuse a Crime in Illinois?
A: Financial abuse is a crime in Illinois, although it doesn’t typically apply to spousal financial abuse. Financial abuse and exploitation are felonies when committed against a disabled adult or an elderly individual. However, financial abuse is not considered an act of spousal abuse or domestic violence in state law, although family courts are likely to frown upon the actions. There have been attempts to include financial abuse in the definition of abuse.
Q: What Are the Five Signs of Financial Abuse?
A: Five potential signs of financial abuse by a spouse or partner include:
- Exploiting your financial resources, such as making large purchases with your money or forcing you to sign important financial documentation
- Preventing you from having access to your finances, inheritance, or other resources
- Controlling shared resources and making decisions without your input or support
- Refusing to pay for things, especially basic necessities
- Interfering with your job or source of income, such as withholding your paycheck or preventing you from finding work
Q: How Is Financial Abuse Proven?
A: Proving financial abuse in a divorce may require forensic accounting, significant financial documentation, and correspondence between you and your spouse or to and from financial entities.
For financial abuse to impact a divorce, you can also show how the abuse has negatively impacted your finances and your ability to support yourself. If your spouse prevents you from getting a job, this will affect your ability to earn money after a divorce. If a spouse dissipates assets, this will affect how the court divides marital property.
Defending Your Financial Future During a Chicago Divorce
If you are looking to file for divorce but cannot access the resources to do so, it is important that you find legal protection. They can help you file and protect your interests along the way. Make sure that you find an attorney with the experience and abilities to handle financial abuse cases. To enlist the aid of such an attorney, contact Stange Law Firm today.
