A spouse’s gambling problem can have a significant impact on divorce proceedings. When gambling causes financial instability or emotional strain in a marriage, it can become a major factor in property division, child custody and support arrangements.
Courts take gambling seriously, especially if it affects the well-being of the other spouse or children.
Gambling and financial issues in divorce
Gambling problems often lead to significant financial consequences, such as large debts, depleted savings or even bankruptcy. In a divorce, the court may consider how one spouse’s gambling affected the couple’s finances when dividing property. If the gambling spouse wasted marital assets, the court could award a larger share of the remaining assets to the other spouse to compensate for those losses. This method of addressing the dissipation of marital assets serves to compensate the affected spouse fairly.
The court might also factor gambling debts into the equation. While divorcing couples typically split marital debt, the court may decide that the spouse with the gambling problem should take on more of the debt responsibility. This is especially true if gambling debt accumulated without the other spouse’s knowledge or consent.
Impact on child custody and support
Gambling can also play a role in child custody and support decisions. Courts prioritize the best interests of the children in all cases. If a spouse’s gambling habits have caused instability in the home or financial hardship, the court may view that spouse as less capable of providing a stable environment for the children. In extreme cases, the court might limit that spouse’s custody or visitation rights.
If gambling impacted your marriage, be sure to gather evidence of how it affected the family’s finances and overall well-being. Courts can use this information when making decisions to help to protect the spouse and children harmed by the gambling behavior.
