Gambling addiction can not only threaten trust and familial relationships, but it can also have devastating impacts on your finances. If you are considering divorce or are currently in the divorce process, it is important to understand gambling addiction and its impact on marital assets and division in Arizona.
Ellsworth Family Law, P.C.: Experienced Property Division Lawyers
For over 20 years, Ellsworth Family Law, P.C., has been helping families navigate complex cases. Our staff consists of Certified Family Law Specialists, legal paraprofessionals, and a member of the American Academy of Matrimonial Lawyers. We are solely dedicated to family law cases. Dealing with the aftermath of a gambling addiction is not easy, but we can provide deep knowledge of the Arizona property division laws and personalized guidance.
The Impact of a Gambling Addiction on Arizona Divorces
Gambling is a dangerous trap with many devastating impacts on a marriage. Arizona has at least 28 casinos, along with easy access to online gambling and sports betting sites. It is no surprise that consistently gambling can lead to financial instability and erosion of trust between partners.
In Arizona, 2 divorce cases are filed per 1,000 people, leaving many individuals to navigate the financial challenges of property division. 70% of divorcees report that credit card debt was a factor in their divorce, which can easily happen as a result of a gambling addiction.
How Are Community and Separate Property Determined?
Arizona’s property division laws generally classify property as separate or community. This distinction is critical when determining what assets and debts are to be divided during a divorce and what should stay separate. Depending on what assets were used to gamble, you may be left shouldering debts you didn’t cause.
Community property is property that was acquired during a marriage. This type of property is typically split 50/50 during a divorce, and it can include real estate, investments, and debts. When joint assets are used to gamble, there is less available for each spouse during a divorce. Additionally, if there is any gambling debt, it may be divided between both spouses.
Separate property includes property acquired before the marriage or given directly to one spouse, such as an inheritance. This property remains separate during a divorce. If a gambler used separate property to gamble, you will likely not face as many negative consequences as you would if they used community property.
How Can a Claim of Waste Protect You Against the Effects of Gambling?
A claim of waste is one of the most powerful tools to reduce the negative impact of gambling on property division. An Arizona property division attorney can help you file a claim of waste by proving the following:
- The misused assets were community property. A lawyer can use financial documentation to prove that the funds lost were from community property, not the spouse’s separate property.
- The amount gambled was excessive. A claim of waste requires the amount lost to be a significant financial burden, rather than occasional, low-cost spending.
- The spending did not have a benefit. If both spouses found a benefit from the gambling, such as recreationally gambling together, a claim of waste cannot be used.
A claim of waste can result in community property being divided unequally rather than 50/50. The non-gambling spouse can receive a larger amount of property to compensate for the gambling spouse’s wasteful spending. When determining this amount, the court will examine the amount lost and both spouses’ financial situations.
Why You Should Hire a Property Division Lawyer
An Arizona property division lawyer can help you navigate a property division case with a gambling spouse by:
- Explaining the Arizona property division laws
- Calculating the financial impact of the gambling
- Determining what assets are community versus separate property
- Representing you in a claim of waste
- Creating a plan to divide all other assets, such as real estate or retirement accounts
FAQs
How Can I Protect Assets From a Gambling Spouse?
While gambling inevitably causes some financial losses, you can take steps to minimize the effects, such as:
- Communicating about what assets can be gambled
- Closing unnecessary credit card accounts
- Reducing the credit limit on cards
- Unlinking bank accounts from online services
Arizona’s Division of Problem Gambling can provide resources to prevent a gambling addiction from damaging your marital assets and support your spouse’s recovery.
When Should I Divorce a Gambling Addict?
Deciding whether to divorce a gambling addict requires carefully evaluating the effect of the addiction on your life and considering plans to address the addiction. In Arizona, divorce does not require proving wrongdoing, such as a gambling addiction, only irreconcilable differences. If the addiction is causing irreparable damage in the relationship, your financial stability, and your emotional well-being, you should speak to an Arizona divorce lawyer.
Can a Gambling Addiction Impact a Child Custody Case?
Yes, a gambling addiction can impact a child custody case. Child custody is an important part of many divorce proceedings, where parenting time and legal decision-making rights are determined. These decisions are made based on the child’s best interests. Gambling may threaten the best interests of a child if it results in a lack of stability in the home or an inability to consistently provide for their needs.
What Money Can’t Be Touched in a Divorce?
In a divorce, separate property generally cannot be touched. This includes premarital assets, gifts, and inheritances that were kept separate from the marital property. This is important to consider during a divorce with a gambling addict, as the outcome can be largely dependent on whether they were gambling with separate or community property. Additionally, if you hire a property division lawyer, they can protect your separate property from being unfairly divided.
Learn How an Arizona Property Division Attorney Can Minimize the Burden of a Gambling Addiction
A gambling addiction can be catastrophic to your marital assets, threatening your financial stability even after a divorce. An Arizona property division lawyer can pursue justice against the gambling spouse, working to protect you against the severe debt and loss of property that gambling can cause. Contact Ellsworth Family Law, P.C., for guidance during your divorce.
