A spouse with a gambling addiction can take a considerable toll on the family, both emotionally and financially. The consequences of a gambling addiction can be severe, with the threat of bankruptcy potentially knocking on your door. If you are thinking about divorcing a gambler in Arizona, you must understand how this addiction can impact the overall legal process.
Community Property and Claims of Waste in an Arizona Divorce
Arizona operates as a community property state, meaning that all assets or debts that were acquired by either spouse during the marriage are considered to be owned equally between the spouses and are subject to equal division.
However, a gambling addiction can lead to issues regarding how these debts will be divided.
In Arizona, the concept of waste often comes into play. You may be able to file a claim of waste if you believe your spouse has squandered marital assets. Gambling, especially when the addiction has led to serious losses, is often a common ground for such a claim.
If the courts agree to this claim, they may decide to adjust the overall division of marital property to compensate for your spouse’s gambling debts. For a claim of waste to succeed in an Arizona divorce, you must prove the following:
- Misuse of community funds. You must be able to show that the funds lost due to your spouse’s gambling were marital, not the addicted spouse’s separate property.
- Frivolous or excessive spending. Gambling on an occasional basis or spending small amounts wisely may not be seen as excessive spending. The court will be on the lookout for patterns of irresponsible or reckless behavior.
- No benefit from the spending. If marital property was used to fund gambling that both spouses enjoyed the benefits of, then it will likely not be considered a waste.
Courts have a lot of leeway when determining a claim of waste, which can impact the outcome of your divorce. Working with a trusted divorce attorney can give you a better chance of success with these types of claims.
How to Protect Yourself When Divorcing a Gambling Addict
Across the United States, nearly 2.5 million adults are estimated to be severe or problematic gamblers. If you are thinking about divorcing a gambling addict, there are certain steps you can take to protect yourself and your finances, including:
- Hiring an experienced divorce attorney
- Filing for divorce as soon as possible
- Requesting a financial restraining order
- Filing a claim for waste or the dissipation of marital assets.
- Checking your credit report
- Seeking the help of a forensic accountant. They can trace hidden debts or uncover assets that have been wasted by your spouse’s gambling.
- Request that all gambling debts be assigned to your spouse.
If there are children involved, a divorce attorney is even more important. They can mitigate the effects a divorce can have on children and preserve their well-being. They can also help with child custody and support issues to make sure you are treated fairly.
About Ellsworth Family Law, P.C.
For over 20 years, the team at Ellsworth Family Law, P.C. has protected the rights of people facing divorce across Arizona. When you are married to a gambling addict, the thought of divorce might be terrifying. According to the state’s laws, half those debts could be yours. At Ellsworth Family Law, P.C., we are here to fight against an unfair ruling.
Two of our attorneys are Certified Family Law Specialists. We bring a certain level of excellence to your case that you won’t be able to find anywhere else. Trust us to fight for you and protect you from your spouse’s gambling debt.
FAQs
How Can an Attorney Help Me When Divorcing a Gambler?
When you divorce a gambler in Arizona, a seasoned family law attorney can help guide you. At Ellsworth Family Law, P.C., we are here to help protect your marital assets and prevent you from being stuck with unfair gambling debt. We can also present evidence to prove waste or financial infidelity, and can work to argue for an offset in asset distribution.
Does a Gambling Addiction Impact Child Custody?
Yes, a spouse’s gambling addiction can impact their ability to seek child custody in an Arizona divorce case. For example, if the spouse’s gambling addiction is impacting their fitness as a parent or the stability and safety of their household, the court may decide to limit their parental rights to protect the interests of the child.
How Do I Know If My Spouse Is a Gambling Addict?
To know if your spouse is a gambling addict, there are several different signs to watch out for, especially if you are considering divorce. Symptoms can include a preoccupation with gambling or a fixation on using it to gain more money, needing to gamble higher amounts to feel the same thrill, or lying to loved ones regarding the extent of financial losses due to gambling.
How Can a Gambling Addiction Impact a Marriage?
A gambling addiction can impact a marriage in many different ways. In fact, the lifetime divorce rate for gambling addicts is nearly 39.5%, according to one study. A gambling addiction can cause you to lose your savings or emergency funds, as well as personal possessions. You may begin to harbor a lack of trust in your spouse and take on more of the household work. This often leads to burnout and resentment.
Hire a Divorce Lawyer Today at Ellsworth Family Law, P.C.
If you are considering divorce in Arizona and your spouse has a gambling addiction, you need to hire an experienced divorce lawyer as soon as possible. The skilled team at Ellsworth Family Law, P.C., is here to protect you. Our seasoned team can develop a legal strategy to protect your assets and eliminate any unfair debt you should not be forced to carry. Contact us today to schedule your initial consultation.
