When Maria found out that her ex‑husband had been moving money from their joint accounts into secret ones, she felt shocked and helpless. His hidden transfers left her unable to cover everyday bills while he kept control of their marital funds. Financial abuse is a form of domestic abuse involving the unreasonable deprivation or exploitation of economic resources. Many people in Maria’s position ask the same question: Can I sue my ex for financial abuse?
Financial abuse shows up in as many as 99 percent of domestic violence cases. Unlike physical abuse or sexual abuse, it often leaves no visible marks, yet it can ruin a person’s economic freedom for years. Financial abuse is often difficult to spot because it may appear in many different forms, such as taking control over all aspects of a person’s finances without their consent. At Warren & Migliaccio, L.L.P., our team of experienced attorneys has extensive expertise in handling economic abuse and family law cases. We have seen how harmful this form of domestic violence can be—and we want you to know there are legal ways to fight back.
Can You Sue for Financial Abuse? The Direct Answer
Yes. In Texas you can sue a current or former spouse or partner for financial abuse. State courts view financial abuse as a form of family violence that involves taking, hiding, or controlling someone’s money or property on purpose. A judge can order:
- Firstly, restitution of stolen or hidden assets
- Also, compensation for losses tied to the abuse
- Other relief, such as blocking further transfers
In a lawsuit, your ex becomes the defendant, and you must present evidence against the defendant to succeed. To win, you must prove that your ex used money control, exploitation, or deprivation as an intentional tool—more than simple money fights or bad spending habits. The impact of financial abuse can effectively trap victims in a situation where help is difficult to attain, leading to feelings of powerlessness and dependency on the abuser. Your legal rights apply whether you were married or not, though the claims and remedies differ.
What Constitutes Financial Abuse in Legal Terms
Financial abuse covers many kinds of economic control and trickery. It can occur through tactics like lying and manipulation to control financial resources, making the victim feel compelled to comply with the abuser’s demands. Financial abuse often occurs within the context of a controlling or abusive relationship, affecting the victim’s autonomy and well-being. Alongside physical abuse, sexual abuse, and emotional abuse, financial abuse is a serious issue that can deeply impact individuals in a marriage or partnership. Knowing these behaviors helps you decide whether to sue an abusive partner.
Common Types of Financial Abuse
Below are key patterns courts often see. Financial abuse often involves a lack of open talking or communication about finances, which can be a red flag. Any one—or a mix—may give you grounds to act.
Control of Bank Accounts and Credit
- Blocked access to joint bank accounts or credit card lines
- Required permission before any purchase
- Hidden debit cards or checkbooks
- New credit opened in your name without approval
- Attempts to hide assets, such as transferring money or property to other accounts or individuals, to prevent fair division or discovery during divorce or separation
Employment Interference
- Stopping you from working or going to interviews
- Threats or harassment that hurt your job performance
- Pressure to quit so you stay dependent
- Taking or hiding work tools, uniforms, or a car
Asset Manipulation
- Moving marital property into hidden accounts
- Selling valuable items without your knowledge
- Transferring property or funds to the other spouse or to third parties to conceal assets
- Taking loans in your name
- Refusing to pay agreed costs like child support or medical bills
Withholding Basic Necessities
- No money for food, housing, or health care
- Controlling vehicles or gas money
- Denying funds for children’s needs
- Using financial support as a “punishment”
Documentation and Identity Control
- Hiding tax returns or insurance papers
- Keeping your Social Security card or I‑D
- Blocking you from seeing your credit report
- Filing false tax returns or illegal benefit claims
Legal Grounds for Suing Your Ex
Texas law offers several paths to sue for a form of domestic abuse focused on money. To successfully sue for financial abuse, you must meet specific legal requirements and provide sufficient evidence. These claims often appear in divorce, where both parties have specific roles and responsibilities during the legal divorce process, and issues related to spousal support in Texas may also arise, but you can also file separate civil lawsuits.
Intentional Infliction of Emotional Distress
You must show that your ex’s extreme actions were meant to cause—or recklessly ignored the chance of causing—severe emotional harm. Systematic money control plus psychological abuse usually meets this test. Medical records and therapist notes help prove your distress.
Conversion and Fraud
- Conversion: Wrongful taking or keeping of property, such as funneling marital funds into hidden accounts. The availability and strength of a conversion claim will depend on the particular circumstances of your case.
- Fraud: Lies or cover‑ups about assets, debts, or income during marriage or divorce. Whether a fraud claim is viable also depends on the specific circumstances involved.
Breach of Fiduciary Duty
Spouses owe each other honesty in handling community assets. If one secretly shifts money for personal gain, the other may sue for breach. Texas community‑property rules make this a strong claim.
Case Study: Hidden Asset Transfers During Divorce
In Wright v. Wright, 280 S.W.3d 901(Tex. App.—Eastland 2009), a husband transferred 49% of shares in the couple’s company to an employee just three days after his wife filed for divorce.
After 26 years of marriage, the wife proved this was fraud on the community estate. The court saw the husband’s quick transfer as an attempt to keep his wife from her community property rights.
Because of this, the court awarded her compensation for the fraudulent transfer.
This divorce case shows how Texas courts protect spouses from partners who try to hide or move marital assets when a divorce is coming.
Violation of Court Orders
Ignoring court‑ordered disclosures or property restraints opens the door to sanctions, extra damages, and attorney‑fee awards.
Evidence Required to Prove Financial Abuse
Courts rely on clear proof. Developing a sense for recognizing financial manipulation and abuse is crucial when gathering evidence. Gather as much as you can: proving financial abuse in court is challenging and may require the involvement of a forensic accountant to identify hidden assets or financial misconduct.
Financial Documentation
- Bank and credit card statements showing odd transfers or cash withdrawals
- Pay stubs and employment records reflecting job interference
- Unpaid bills for basics despite your ex having funds
Communication Evidence
- Text messages or emails with threats or strict spending rules
- Legally recorded calls (Texas is a one‑party consent state) where your ex admits hiding money
Expert Analysis
- Forensic accountant reports tracing hidden assets
- Private investigator findings on undisclosed property or lifestyle gaps
When Hidden Money Comes to Light
I’ll never forget sitting across from a woman who discovered her husband’s secret just days before their divorce trial. She found a bank statement hidden behind old tax returns in their garage—an account she never knew existed. For months, she struggled to pay their kids’ school expenses while he claimed they were broke.
That hidden statement showed $47,000 in deposits over just six months. Her hands shook as she showed me the paper. We immediately issued subpoenas to five different banks. By the time of the trial, we had uncovered three more accounts and nearly $200,000 in hidden funds.
The judge did not take kindly to this deception. My client not only received those hidden assets, but the court also awarded her 75% of the remaining community property.
Sometimes, one piece of paper changes everything. That’s why I always tell clients: trust your instincts and keep looking.
Potential Damages and Remedies
Texas courts may award:
- Economic damages, such as reimbursement for lost income, medical expenses, or property that was wrongfully taken or controlled by a spouse. This can include restitution or recovery of a spouse’s interest in the marital home if it was concealed, manipulated, or otherwise wrongfully withheld.
- Non-economic damages, such as compensation for emotional distress or mental anguish.
- Punitive damages in cases of egregious conduct.
- Injunctive relief, such as restraining orders or orders to return property.
Damages and remedies may also include the recovery of a spouse’s hidden assets or interests in the marital home, especially when one party has attempted to conceal or manipulate ownership during divorce proceedings.
Economic Damages
- Restitution: Return of stolen money or property
- Lost wages or reduced career growth due to employment interference
- Credit repair costs for fraudulent accounts
Additional Remedies
- Punitive damages for especially bad conduct
- Attorney fees and court costs, easing the financial burden on victims
- Injunctive relief blocking further transfers or forcing asset disclosure
Challenges and Limitations
Before you file, consider these hurdles. The challenges of pursuing legal action can significantly affect your life and future stability. It’s important to have a clear idea of the legal proceedings and potential outcomes before proceeding.
Burden of Proof
You must show the abuse was intentional, not just “bad money choices.” Patterns and direct statements help.
Statute of Limitations
Most fraud suits must start within four years of discovery; other claims often have two‑ to four‑year windows. Act fast.
Litigation Costs
Forensic experts can be pricey. Balance possible recovery against case expenses.
Court Attitudes
Some judges treat money fights as normal divorce issues. A family lawyer familiar with domestic violence cases can frame your evidence correctly.
When to Consult a Lawyer
If you’re facing financial abuse, it’s important to talk to a qualified attorney. They can help protect your rights and secure your financial future. Legal help is especially important if your situation is complicated or you need formal legal action.
Here are some situations when you should consider getting legal advice:
Documented Evidence of Abuse
Hidden accounts, secret credit card statements, or threatening messages.
Inadequate Resolution in Divorce
Abuse missed during divorce or discovered afterward.
Ongoing Violations
Continued refusal to follow financial court orders.
Complex Financial Schemes
Businesses, multiple properties, or layered accounts needing expert tracing.
Moving Forward: Your Path to Financial Recovery
Financial abuse leaves deep scars, but Texas law offers ways to heal financially and emotionally. Taking legal action against an ex partner can help victims reclaim control over their lives and finances. At Warren & Migliaccio, L.L.P., we help clients reclaim control, recover assets, and stop ongoing abuse. Financial abuse can deeply affect the lives of those involved, making recovery and support essential. Legal action is not just about money—it’s about freedom.
If you believe financial abuse has impacted your life, we’re here to help. Our compassionate Texas family attorneys can evaluate your situation, provide legal advice, and guide you toward the next steps. Call us at (888) 584-9614 or contact us online to schedule your free consultation and begin your path to financial recovery.
Frequently Asked Questions About Financial Abuse Lawsuits in Texas
Can I sue my ex for financial abuse in Texas?
Yes. Texas courts recognize financial abuse as family violence, so you can recover damages through civil lawsuits. Legal remedies include fraud claims, breach of fiduciary duty, and conversion actions. To win, you’ll need to prove intentional economic control through bank records, employment interference documentation and expert testimony.
What is the statute of limitations for financial abuse claims in Texas?
Most financial abuse lawsuits must be filed within 2-4 years in Texas. Fraud claims have a 4-year limit from discovery. Breach of fiduciary duty and conversion claims typically have 2-year deadlines. The discovery rule may extend these limits if assets were hidden.
How do I prove financial abuse in Texas courts?
Texas courts require clear evidence of intentional economic control. Key proof includes bank statements showing unauthorized transfers, employment records documenting work interference, communication evidence of threats and forensic accounting reports. Pattern evidence showing systematic manipulation helps a lot.
Can financial abuse affect property division in Texas divorce?
Yes. Texas Family Code allows disproportionate property division when financial abuse occurs. Courts can award you more than 50% of community property, recover hidden assets and assign debt to the abusive spouse. Property and debts may sometimes be listed under the other spouse’s name, which can affect how assets are divided and discovered. Documentation of intentional financial misconduct impacts division outcomes.
Is financial abuse considered domestic violence in Texas?
Yes. Texas Family Code Chapter 71 specifically recognizes financial abuse as family violence. You can get a protective order, emergency financial relief and file criminal charges for theft or fraud. This classification gives you more legal protections than civil remedies.
Can I sue my ex for financial abuse if we weren’t married in Texas?
Yes, you can sue an unmarried partner for financial abuse in Texas through civil court claims like fraud, conversion or intentional infliction of emotional distress. You won’t have the same community property protections as married couples but Texas law still provides remedies for financial exploitation in intimate partner relationships.
The process is different from divorce but can be just as effective. Your options include:
Fraud claims for false representations about financial matters
Conversion claims when property was taken wrongfully
Breach of contract for broken financial agreements
Intentional infliction of emotional distress claims
Since you weren’t married, you’ll need to prove individual ownership of assets. The statute of limitations is usually 2-4 years depending on the claim type.
How much does it cost to sue for financial abuse in Texas?
Filing a financial abuse lawsuit in Texas costs between $200-$400 in court fees plus attorney fees of $250-$500 per hour. But Texas Family Code Section 81.005 allows victims to recover attorney fees from their abuser if they win, making legal action more accessible.
Cost breakdown:
Filing fees: $200-$300 for state district court
Attorney retainer: $2,500-$10,000 initial payment
Expert witnesses: $2,000-$10,000 for forensic accountants
Total litigation costs: $10,000-$50,000 for contested cases
Therefore, many divorce lawyers offer payment plans for domestic violence victims. Legal aid organizations like Texas Advocacy Project provide free services for eligible victims.
What evidence do I need to prove financial abuse in Texas?
You need documentation showing unauthorized financial control or hidden assets. Key evidence includes:
Firstly, bank and credit records
Likewise, texts or emails showing threats
Employment documentation
Similarly, forensic reports tracing funds
Also, police reports
Since Texas is a one-party consent state, you can legally record conversations with your ex without their knowledge.
What’s the difference between claiming financial abuse in divorce versus a separate lawsuit?
Claiming financial abuse in divorce focuses on property division and spousal support while a separate civil lawsuit seeks monetary damages for the harm caused. Each has its own advantages depending on your situation.
In divorce proceedings, financial abuse claims are part of overall property division, judges can award more than 50% of assets, resolutions are faster (6-12 months) and remedies are limited to marital assets and support. In a separate civil lawsuit you can seek actual and punitive damages, recovery for emotional distress, longer statute of limitations and can be filed after divorce if new evidence emerges.
Can I sue for financial abuse after my divorce is final in Texas?
Yes. If you find hidden assets after the divorce, you can still sue. Texas allows:
Firstly, motions to set aside a decree (within 30 days)
Also, bills of review (within 4 years for fraud)
Likewise, separate fraud lawsuits (4 years from discovery)
Thus, courts may award full value of the hidden assets plus damages and legal fees.
What are my chances of winning a financial abuse lawsuit in Texas?
Success rates for financial abuse lawsuits depend on evidence quality, with well-documented cases having 60-70% success rate in Texas courts. Cases with clear financial records, documented threats and expert testimony typically do well.
Factors that increase success include paper trail of bank records and communications, pattern evidence of multiple incidents, expert witnesses like forensic accountants and therapists, Texas law requiring attorney fee shifting and consistent testimony matching documentation. 80% of cases settle before trial once strong evidence emerges. Texas’s requirement that losers pay attorney fees encourages fair settlements.
Do I need a forensic accountant to prove financial abuse in Texas?
While not required, a forensic accountant greatly helps financial abuse cases involving hidden assets or complex transactions. These experts can find evidence to meet Texas’s “clear and convincing” evidence standard.
Forensic accountants help by tracing hidden assets through multiple accounts, analyzing spending patterns showing financial control, calculating total economic losses and testifying about complex financial schemes. Costs are $5,000-$25,000 but findings often uncover assets worth much more. In Texas you can recover these expert costs from your abuser if you win.
Can I get a protective order for financial abuse alone in Texas?
Yes, Texas law recognizes financial abuse as grounds for a protective order without physical violence. Texas Family Code Section 71.004 includes economic manipulation that creates fear of imminent harm or is part of a pattern of domestic abuse.
Protective orders can include prohibiting access to bank accounts, ordering temporary spousal support, preventing sale or transfer of property, requiring payment of necessities and maintaining health insurance coverage. Emergency orders can be granted the same day, with violations carrying criminal charges and up to one year in jail.
How do I safely document financial abuse while living with my abuser?
Documenting financial abuse while still living with your abuser requires safety planning. Your safety must always come first over evidence gathering. Safe documentation strategies include taking photos of documents when your abuser is away, emailing evidence to a secure account they don’t know about, requesting bank statements to a trusted friend’s address, clearing browser history and using private browsing and keeping physical copies with someone you trust. If you’re in immediate danger, call the National Domestic Violence Hotline at 1-800-799-7233.
What damages can I recover for financial abuse in Texas?
You can recover:
Firstly, lost assets or wages
Likewise, credit repair costs
Emotional distress compensation
Also, legal and expert witness fees
Punitive damages for extreme cases
Thus, awards vary widely—from thousands to hundreds of thousands—depending on what was lost and the severity of the abuse.
