Sometimes there are factors that keep people in marriages much longer than they would like to be. Factors that prevent them from filing for divorce. One huge factor is money, and it can become an even larger factor when you are a victim of financial abuse. When financial abuse is occurring, the abusive spouse often controls the victims access to finances, and this can even prevent them from hiring an attorney. If you are a victim of financial abuse, keep reading and prepare yourself – learn how the legal system can help free you from the constraints of financial abuse.
Financial Abuse – What is it?
Financial abuse involves controlling a victim’s ability to acquire, use, and maintain financial recourses. We see this often where one spouse is not working. The non-working spouse sometimes feels isolated and cut off from family or friends that could help. Financial abuse can be a gateway to other types of abuse. In financially abusive relationships, the breadwinner spouse uses their financial position to keep their spouse from leaving the relationship.
Factors for Financially Abusive Relationship
You may be in a financially abusive relationship if your spouse…
• Gives you “allowances” or “budgets” without your input.
• Pressures you to quit your job or sabotages your work responsibility.
• Feels entitled to your money or assets.
• Controls how all the household finances are spent.
• Limits your access to your own bank account or mutual bank account.
• Engages in other forms of abuse like belittling or physical abuse when they get angry over finances.
• Limits your ability to attend job training, pursue higher education, or otherwise advance your career.
• Keeps you isolated from your support system, family and friends.
Texas Divorce – How to prepare?
Preparing for a divorce is difficult under normal circumstances. Being a victim of financial abuse can certainly create its own unique set of hurdles. As a victim of financial abuse, you can prepare yourself for divorce as follows:
• Keep a detailed record of all financial abuse. Keep a journal, copy statements, keep texts, emails and other communication in a safe place the other spouse can not access.
• Gather information on all accounts in your name, your spouse’s name, or your name jointly.
• Meet with a therapist, counselor or a trusted friend or family member and create a safety plan.
• Keep duplicate credit cards in a place that your spouse cannot find.
• Gather as much information as you can on your spouse’s income. Obtain a copy of the last several years tax returns, W-2s, pay stubs, etc.
• Create a spreadsheet of all property and debts.
Remedies in Divorce?
Victims of financial abuse may be entitled to a larger share of the community
estate, spousal maintenance, child support, and attorney’s fees. This is dependent on your specific case facts, evidence presented to the judge and of course, the judge makes that ultimate decision. Texas is a community property state. There is a presumption that any property acquired through income during the marriage is considered community property. You may also find additional relief in getting temporary orders in place that order your spouse to begin contributing to you financially while the divorce process is pending through the finalization of the divorce. The Court could possibly order your spouse to provide you with funds necessary to live, pay your bills, and could even order your spouse to pay for your interim attorney’s fees.
Divorce – How to prepare?
Preparing for a divorce is difficult under normal circumstances. Being a victim of financial abuse can certainly create its own unique set of hurdles. As a victim of financial abuse, you can prepare yourself for divorce as follows:
• Keep a detailed record of all financial abuse. Keep a journal, copy statements, keep texts, emails and other communication in a safe place the other spouse can not access.
• Gather information on all accounts in your name, your spouse’s name, or your name jointly.
• Meet with a therapist, counselor or a trusted friend or family member and create a safety plan.
• Keep duplicate credit cards in a place that your spouse cannot find.
• Gather as much information as you can on your spouse’s income. Obtain a copy of the last several years tax returns, W-2s, pay stubs, etc.
• Create a spreadsheet of all property and debts.
Summary
Financial abuse is a type of abuse that leaves the victim at the financial mercy of their abuser. If your spouse controls your access to your household finances, you may be a victim of financial abuse. You can prepare for your divorce by keeping records and gathering important financial information. The more information you can gather before the divorce process begins, the better. Sometimes documents go missing or are intentionally destroyed by the other party. Help prevent this by keeping a copy of important records in a safe place that your spouse does not have access to.
Contact our office today for a free 30 minute consultation. Find out if divorce could give you your freedom back, financial and otherwise. Every case is different. Each set of facts are unique. The Surell Law Firm can help you enact a plan to move forward with your life and find peace.
The Surell Law Firm handles Texas divorce cases in Travis County and Williamson County. Contact us today for a free consultation.
