Is it Okay to Spy on Your Spouse When Going Through Divorce?
When spouses are getting a divorce, there are a number of things they might do that they never imagined doing while they were married. One of these is spying on the other spouse. It may seem crazy, but it happens more than one would think. If you are considering divorce, or are in the middle of one, you might even be thinking about spying on your spouse, too. So, will this hurt your divorce settlement? Is there ever a time when spying on your spouse during divorce is considered okay?
The answer is that yes, there is. Before you start trying to guess online passwords and lurking around corners though, it is important to determine why you want to spy on your spouse. This will offer a lot of input as to whether or not you should be engaging in the practice.
When It Is Okay to Spy
The only time it is okay to spy during your Florida divorce is if it will help your case. For example, if you think your spouse is hiding assets because they do not want them divided under Florida’s equitable division laws, then gaining access into their separate bank account, acquired during the marriage, might be okay.
Additionally, if you think your spouse is having an affair, it might be okay to snoop on them as well, but only under certain conditions. For example, if you believe that your spouse used marital funds or that your income contributed to the affair it is important that you are aware of that. It may help you get more in the settlement in terms of property division or spousal maintenance.
Although in these instances, it may be considered okay to snoop on your spouse to gather information that could help your case, it is always best to take the matter to your divorce lawyer. An attorney will ensure the snooping is done legally, and in a manner that will not ultimately hurt your case. For example, instead of trying to guess the password to your spouse’s secret bank account, an attorney will issue a subpoena asking for those records.
When It Is Not Okay to Spy
If you simply want to learn if your spouse is seeing someone new, or if they have kept the job you have been urging them to get out of, it is not advisable to snoop on your spouse. These are not circumstances that will help your case and if you start spying just for the sake of spying, it could actually hurt your case.
In these instances, if you start snooping, you could unknowingly break privacy laws and possibly, face criminal penalties. If you ever want to spy on your spouse, first clear it with our divorce attorney. If they advise against it and will not conduct an investigation for you, the chances are good that spying is not a good idea, and you should avoid it.
Need Advice With Your Divorce? Call Our Florida Divorce Attorneys
There are many things that may come up in your divorce, and spying is just one of them. If you are considering divorce, or the process has already begun, call our Tampa divorce attorneys at All Family Law Group today. We can advise on all aspects of your divorce and ensure it goes as smoothly as possible. Call us today at (813) 672-1900 for your free consultation to learn more about how we can help.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
