Protecting Yourself Against Financial Threats in Divorce

 Posted on October 13, 2014 in Divorce

When a couple is going through the divorce process, emotions are usually more intense for both the husband and wife. Even the slightest remark or action by one spouse can seem amplified to the other, causing a strong reaction.

Often, anger becomes the driving force and all kinds of threats are made. This can be especially true if one spouse was the predominant breadwinner in the family and feels they have the upper hand in divorce negotiations. Threats of taking away the children or leaving the other spouse broke and homeless are common themes in acrimonious divorces. And whether or not the spouse making the threats could actually follow through with them does not always matter. Threats like these can leave the other spouse feeling stressed out and intimidated, or even frightened.

There are steps that a financially threatened spouse should take to ensure that they are protected emotionally and financially. These steps include:

• Keep a log or journal of the threats being made. Record when, where and what the threat was. Also record how the threat made you feel. This journal will help provide the specifics of the threats to your divorce attorney. Another benefit is that actually recording the threats may make them less intimidating. Seeing the threats in writing will help determine if there is a pattern to the spouse’s threats, which could help in diffusing or avoiding them in the future.
• Read up and learn the specifics of what the laws actually are, not what your spouse says he or she can do. If you understand how equitable property distribution works in Illinois, it can take the winds right out of the sails of your spouse’s threats when you realize they don’t have the power to do the things they are threatening you with. This will also help in being to identify what are just your spouse’s rants and what he or she could actually do, such as hiding or spending assets.
• As difficult as it may be, do no react or respond to your spouse’s threats. This could not only cause the arguing to escalate, but it could also be used against you during the divorce trial and affect your share of the property settlement.

Please note that this article only addresses financial threats. If one spouse threatens the other with any physical injury or harm, it should be reported to law enforcement right away. A person should take immediate action if they feel that their safety or the safety of their children is at risk.

If you are considering a divorce and are looking for an experienced Arlington Heights family law attorney, contact A. Traub and Associates for a consultation today.