Marriages end for many reasons, but disagreements over money are a major one. Different spending habits can cause significant conflict in a marriage, especially when they lead to financial troubles.
Although one spouse may enjoy gambling as a hobby, overwhelming gambling debts can result in financial ruin. A spouse with a gambling problem can cause you to lose a home, business or retirement accounts.
When you are divorcing someone with a gambling habit, this can impact your property division. Michigan follows an equitable distribution model when dividing property in divorce.
This means that marital property is divided fairly. It does not necessarily mean an equal split if there are factors present that justify an unequal division. Evidence of a gambling habit could be one of these factors.
Marital waste
Gambling losses or debts can be considered “marital waste” in divorce. Marital waste generally means debts that are the result of irresponsible or reckless spending. A court might order that the gambling spouse is solely responsible for any gambling debts.
Additionally, you could be awarded a higher share of marital assets if you lost other assets because of your spouse’s gambling. For example, if your spouse gambled away their retirement fund, but you still have yours, a court could order that you can keep your entire fund rather than making you split it with your spouse.
To prove marital waste due to gambling losses or debts, you must collect evidence. Bank and credit card statements help document the extent of the losses.
Testimony from family, friends or anyone who witnessed gambling can also be strong evidence. You can provide testimony about when, where and how often your spouse gambled, any discussions you had about their gambling habit and the losses you sustained because of their gambling.
Advocating for your best interests
Michigan courts start with an assumption splitting marital assets equally is fair. Therefore, arguing for an unequal property distribution based on marital waste requires a careful review of finances and documentation to prove your claim for marital waste.