If you are about to get divorced, then it is essential to think carefully about what you spend on. Spending too much or spending on things that are not considered essential could cause you legal problems.
Here is why “emotional spending” or other spending sprees during a divorce can be an issue:
It might not be your money to spend
California law regards the majority of what a couple buys or earns while married as community property. When they decide to divorce, the basis for division is 50:50, so half of what you own will become yours, and half of what you own will become your spouse’s.
You can, of course, decide to deviate from this rule, but that is the basis a court will work from. Things owned before marriage will generally be considered separate property and stay with the person who brought them into the marriage.
So, if you purchase a vacation or a new set of designer clothes to cheer you up while waiting for your divorce to proceed, the court might consider that it is not just you paying for it. They might consider you are using money that is still half yours and half your spouse’s – i.e., a community asset.
It could be seen as a ploy to avoid responsibility
Child support or spousal support also needs to be determined in some divorces. If one spouse starts making expensive purchases, a court might see it as an attempt to reduce their visible assets and deceive the court when determining these awards.
For example, a court may believe that one spouse is dissipating assets to then claim they cannot afford a high amount of support payments to the other.
There are things you can do to make it easier to be able to spend money on the things you want without complicating your divorce. Timing can be crucial, so it is wise to seek guidance before acting.