Can I get a divorce in Massachusetts if my spouse is financially irresponsible?

financially irresponsible spouse

When you get married, you’re excited to share your life with your spouse. However, sharing your life can get complicated if one of you struggles to manage money responsibly. If you’ve tried talking to your partner about their irresponsible spending habits and they haven’t listened, it could lead to severe problems in your marriage. In today’s society, financial issues are one of the leading causes of divorce. Dealing with a financially irresponsible spouse can have a negative impact on your life in many ways. Therefore, if they can’t get their spending under control, divorce may be the only option. In such case, you need our talented Bristol County Grounds for Divorce Lawyers, who can help you safeguard your hard-earned assets. Please continue reading to learn whether you can divorce your spouse because they’re financially irresponsible. 

Can I cite my spouse’s financial irresponsibility as grounds for divorce in Massachusetts?

In Massachusetts, a divorce can be filed as “no-fault” or “fault.” If you file for a no-fault divorce, you can cite irreconcilable differences for the irretrievable breakdown of the marriage. Essentially, you do not have to file a reason or cause for seeking a divorce. Instead, you would claim irreparable differences as the reason for the divorce, which means you and your spouse cannot rectify your differences to regain a healthy future together. On the other hand, with a fault-based divorce, you would have to cite a specific reason for the cause of divorce, such as adultery, cruelty, incurable insanity, abandonment, etc. It is critical to note that with a fault-based divorce, the petitioner must prove the reasoning for the divorce. That being said, you can cite irreconcilable differences to divorce your financially irresponsible spouse.

How can I prepare to divorce my financially irresponsible spouse?

If you’re ready to dissolve your marriage with your financially irresponsible spouse, you must prepare for the impending legal processes to safeguard your finances. Firstly, it is essential to remember that your spouse may hide money or start spending recklessly to benefit their position in the divorce. This action is known as dissipation, which occurs when one spouse intentionally destroys or wastes money while their marriage is undergoing an irretrievable breakdown of the marriage. For example, your spouse may drain your joint bank accounts or rack up substantial debt on credit cards out of spite of ending the marriage. In such cases, you should note that you cannot hide marital assets from your spouse. This is the case even if you think they will waste marital assets deliberately as revenge.

To shield yourself from the consequences of your former spouse’s actions, close your joint bank accounts and remove their name as an authorized user. In addition, please keep a record of their behavior to prove they acted in bad faith or dissipation during your divorce, as it can maximize your chances of receiving a larger share of your marital assets during property distribution.

For more information on how our determined Bristol County divorce lawyers from The Law Offices of Cynthia L. Hanley, P.C., can help you protect your hard-earned assets during your divorce, schedule a consultation today. Our firm is prepared to represent your interests.