Surprisingly, one of the most common reasons that couples decide to divorce is due to a gambling addiction by one or both parties. Divorce is never easy, but when one spouse suffers from a gambling addiction, it can complicate matters significantly. As an experienced attorney at a firm that practices divorce law, I have seen many clients navigate the complexities of divorcing a person of gambling addiction.
Below, I’ll share some essential tips to protect yourself and your assets during this challenging time.
Understanding the Impact of Gambling Addiction on Divorce
Gambling addiction can devastate a marriage, leading to financial instability, trust issues, and emotional distress. It’s not uncommon for gambling addicts to hide assets, accumulate secret debts, or engage in risky financial behaviors. These may include opening secret bank accounts, cryptocurrency accounts, or prepaid debit cards to fuel their addiction. They might also rack up significant credit card debt without their spouse’s knowledge. Understanding these risks is crucial when planning your divorce strategy.
Signs That A Spouse May Be Dealing with Gambling Addiction
Here are some of the most common signs to look for if you suspect your spouse may have a gambling addiction:
- Frequent and unexplained absences, often involving trips to casinos or betting venues
- Secretive behavior, especially regarding finances or activities
- Unexplained financial difficulties, such as missing money or increased debt
- Increased preoccupation with gambling, such as talking about it or spending excessive time online betting
- Lying about gambling or downplaying the extent of their involvement
- Withdrawal from family and social activities to focus on gambling
- Mood swings, irritability, or anxiety, particularly after gambling sessions
- Attempting to hide gambling losses or wins
- Borrowing money frequently without a clear reason
- Neglecting responsibilities at home, work, or with children due to gambling
If your spouse is displaying several of these signs it could indicate that they have a serious problem that may require professional help.
Steps to Protect Your Financial Interests From Gambling Addiction
When divorcing a gambling addicted partner, separating your finances should be your first priority. Begin by opening individual bank accounts and closing any joint accounts as soon as possible. This step prevents your spouse from depleting your savings or running up additional debt in your name. Texas law allows you to request a temporary restraining order (TRO) during divorce proceedings. A TRO can prevent your spouse from making significant financial decisions without your consent.
Additionally, ensure that all marital assets are accurately identified and valued. Gambling addicts may attempt to hide or transfer assets to avoid division during the divorce. You may need to hire a forensic accountant to trace hidden accounts and transactions. This is especially important in Texas, a community property state, where all marital assets are generally divided equally.
How Can I Protect Myself and My Children?
Children who grow up in households affected by gambling addiction often face serious long-term psychological consequences. The emotional toll on them can be severe, leading to lasting issues that may follow them into adulthood.
Potential Consequences for Children
Emotional and behavioral issues are common in children exposed to parental gambling problems. Studies, such as one published in the *Journal of Gambling Studies*, have linked these environments to increased risks of anxiety, depression, and other mood disorders. Academic performance can also suffer, as these children may struggle with concentration and achievement in school. Social relationships often become strained due to the instability and tension within the household. Additionally, research suggests that growing up around gambling can increase the risk of substance abuse and gambling problems later in life.
Steps to Protect Your Finances
If you suspect your spouse is a compulsive gambler, your first priority should be protecting yourself and your children financially. Until your spouse seeks help or demonstrates financial responsibility, it’s crucial to limit their access to shared accounts and assets.
Consider taking the following steps to safeguard your finances:
- Remove your spouse’s name from any joint accounts or financial assets, if possible.
- Cut up or close any credit cards linked to shared accounts.
- Change all passwords and PINs associated with your financial accounts.
- Remove your spouse as the beneficiary from your life insurance policy and any other accounts.
- Freeze your credit with all three credit reporting agencies to prevent your spouse from opening new accounts in your name.
- Avoid using joint or personal accounts to pay off any of their gambling debts.
Addressing the Issue and Seeking Support
Confronting your spouse about their gambling problem is essential. While it’s important to acknowledge that gambling disorder is an addiction, your spouse must also take responsibility for their actions and the impact on your family and marital estate. Open communication can be a crucial first step in addressing the issue, but it’s equally important to protect yourself and your children in the meantime.
Additionally, consider seeking support for yourself. Living with an addicted spouse can be isolating and overwhelming. You may have unintentionally become codependent, adapting to their behavior rather than working to prevent it. Numerous organizations, like the National Council on Problem Gambling, offer resources and support, including a helpline at 1-800-GAMBLER.
Working with a professional therapist who specializes in addiction can also be beneficial. A therapist can help you understand and navigate your spouse’s gambling addiction, providing valuable insights and strategies for coping.
Protecting yourself and your children is paramount, and taking these steps can help you regain control of your financial future.
Addressing Other Problematic Behaviors
Gambling addiction often goes hand-in-hand with other destructive behaviors. Gamblers usually struggle with alcohol or drug abuse, leading to further financial and emotional strain. Poor financial planning and a lack of long-term vision are also common issues.
These behaviors can negatively impact both divorce proceedings and any child custody arrangements. Courts in Texas consider the best interests of the child when determining custody, and a parent’s gambling or substance abuse problems can weigh heavily in these decisions.
Ensuring Fair Support Arrangements
One of the most critical aspects of divorcing a gambling addict is securing fair child support and alimony arrangements. Given the financial instability often associated with gambling, it’s advisable to request that these payments be garnished directly from your spouse’s wages. This ensures that support payments are timely and consistent, regardless of your spouse’s financial situation.
In Texas, child support is calculated based on a percentage of the paying parent’s net income. If your spouse’s income is inconsistent due to gambling, it may be necessary to establish a baseline income or request imputed income based on their earning capacity. This approach helps protect your children’s financial future.
Call A Texas Divorce Attorney Today
Navigating a divorce with a gambling addict requires careful planning and legal expertise. At Warren & Migliaccio, L.L.P., we have extensive experience helping clients through these challenging situations. Our team can assist you in identifying hidden assets, securing fair support arrangements, and protecting your financial interests throughout the divorce process.
For a free consultation with one of our attorneys, call (888) 584-9614 or fill out our contact form today. We’re here to help you take the first step toward a more secure and stable future.
