Domestic Violence and Property Division in Divorce

Domestic Violence and Property Division in Divorce

• How courts typically divide marital property in divorce

• How domestic violence influences property division

• What financial protections are available for survivors

• Legal strategies for securing a fair settlement

How Courts Normally Divide Property in Divorce

1. Community Property States

• Nine states (such as California, Texas, and Arizona) follow community property laws, meaning all marital assets are divided 50/50.

• Marital property includes assets acquired during the marriage, while separate property (inherited or owned before marriage) is not divided.

• Fault (including domestic violence) is usually not a factor unless it directly affects financial matters.

2. Equitable Distribution States

• The majority of states follow equitable distribution, meaning courts divide property based on fairness, not necessarily 50/50.

• Judges consider various factors when deciding who gets what, including economic contributions, earning potential, and misconduct.

• Domestic violence can play a role in determining who receives a larger share of assets.

How Domestic Violence Affects Property Division

1. Compensation for Economic or Financial Abuse

• If the abuser controlled all household finances, drained joint accounts, or prevented the victim from working, the court may compensate the survivor by awarding them a larger share of assets.

• Judges may also consider whether the victim lost career opportunities or income due to the abusive spouse’s behavior.

2. Impact of Physical or Emotional Abuse on Property Division

• Some courts consider the physical and emotional toll of abuse when dividing property.

• If a survivor suffered injuries or trauma that affects their ability to work, they may receive a larger share of assets or financial support.

3. Destruction of Property and Financial Manipulation

• If an abuser destroyed property, wasted marital funds, or deliberately ruined assets (e.g., selling a spouse’s belongings out of spite), the court may compensate the victim by awarding them a greater portion of the remaining marital property.

• This is known as "wasteful dissipation of marital assets" and can result in financial penalties for the abuser.

4. Exclusive Use of the Marital Home

• Courts may award the marital home to the victim if the abuse created an unsafe living environment.

• Survivors may be granted sole residence in the home even if the property was jointly owned.

Financial Protections for Domestic Violence Survivors in Divorce

1. Alimony (Spousal Support)

• Domestic violence can increase alimony payments, especially if the survivor is financially dependent or unable to work due to trauma.

• Some states deny alimony to an abusive spouse, preventing them from receiving financial benefits from the victim.

2. Emergency Financial Orders

• Courts can issue temporary financial orders to provide victims with immediate financial support while the divorce is pending.

• This may include temporary alimony, child support, or access to joint funds.

3. Freezing of Joint Assets

• If there is concern that the abuser may drain bank accounts or hide assets, a court may freeze joint assets until the divorce is finalized.

Legal Strategies for Securing a Fair Property Settlement

1. Gather Evidence of Financial and Economic Abuse

• Keep records of bank statements, pay stubs, and credit reports showing any financial manipulation or hidden assets.

• Document any financial control tactics used by the abuser, such as blocking access to accounts or limiting spending.

2. File for a Protective Order with Financial Protections

• Some restraining orders include provisions that:
• Prevent the abuser from accessing joint accounts or selling property.
• Require them to continue paying household expenses.

• Courts may freeze marital assets to prevent the abuser from draining finances.

3. Work with a Divorce Attorney Experienced in Domestic Violence Cases

• A family law attorney can help negotiate a fair division of property and ensure that survivors do not lose financial resources.

• They can request court orders to protect assets and secure financial compensation for abuse-related damages.

4. Request Sole Ownership of the Marital Home

• Courts may grant exclusive use of the home to a survivor if staying in the house with the abuser is unsafe.

• If children are involved, the home may be awarded to the primary caregiver.

What If the Abuser Tries to Manipulate Property Division?

• Hiding assets or transferring them to friends/family.

• Refusing to provide financial documents to stall the process.

• Deliberately increasing debts to reduce the victim’s financial award.

How to Protect Yourself

• Work with a lawyer to request financial disclosures and investigate hidden assets.

• Ask the court to issue sanctions against the abuser for non-cooperation.

• If assets were wrongfully transferred, courts may order them to be returned.

Conclusion: Protecting Your Financial Future in Divorce

• Award a larger share of marital assets to compensate for financial abuse.

• Increase alimony payments to ensure survivors have financial support.

• Provide exclusive use of the marital home for safety reasons.