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Making smart financial decisions if you have an unfaithful spouse

Learning that your spouse has been unfaithful can be devastating. Whether it ultimately means the end of your marriage is something you and your spouse will need to determine. However, in the meantime, it's important to take stock of where you stand financially and how you will protect your financial future should you divorce. This requires some clear thinking at a time when you may be consumed by a range of emotions.

One family law attorney advises spouses to determine the value of their marital estate. Here in California, which is a community property state, all property owned by a couple together is divided in half in a divorce. If you have a prenuptial agreement that stipulates a different arrangement, this is a good time to review it.

Some people who learn that they have an unfaithful spouse respond by trying to hide money — both out of spite and for their own protection. However, if the timing of these actions is close to the marital break-up, a court will likely not let you keep that money. Spouses may go on a spending spree with a joint credit card or clean out a joint bank account. That's not wise, either.

Your best course of action is to consult with an experienced California family law attorney. Even if you and your spouse end up working things out, it's better to be prepared in case you don't.

If you stay together, you may also want to consider asking your spouse to agree to put a postnuptial agreement in place. This can help you ensure that you're in the best possible financial position should you and your spouse decide in the future to end the marriage.

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Mohajer Law Firm, APC

Mohajer Law Firm, APC
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