Florida Divorce: Spying on Your Spouse During a Divorce

During the divorce process, there are a number of things that spouses might do that they never thought of doing during the marriage. A common one is spying on the other spouse. Could spying hurt or help your divorce settlement? Is there ever a time when spying on your spouse would be okay during the divorce process?

Yes, and yes. However, do not begin to lurk around or guess online passwords just yet as it is important to determine why you want to spy on your spouse in the first place.

Okay to Spy

In Florida, the only time it is actually alright to spy during a divorce is if it can possibly help your case. For example, if you think your spouse is hiding monetary assets somewhere, then Florida’s equitable division laws can apply.  This will allow you to gain access into the separate bank account but only if it was established during the marriage.

Furthermore, if you think your spouse is having an extramarital affair, it might be okay to spy  on them but only under certain conditions. For example, if you believe that your income contributed to the affair, or that your spouse used marital funds during the affair, then those details can work towards your benefit during 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.

Not Okay to Spy

It is not okay to spy on your spouse during a divorce for your own personal interests such as to see if they are dating, who they are hanging around with, or how their life has changed. These  circumstances do not help your divorce case and can actually hurt your case.

In addition, spying in these instances can actually lead to breaking privacy laws and possibly, face criminal penalties. If you strongly desire to spy on your spouse, discuss it first with a divorce attorney. Chances are that spying is not a good idea, and you should avoid it.

Have A Question on Divorce? Call Our Florida Divorce Attorneys

There are a variety of things that can come up during a divorce.  If you are considering divorce, or the process has begun already, call our South Florida divorce attorneys at Troy Legal. We can advise on all aspects of a divorce and can help answer your questions. Our compassionate attorneys provide private consultations. For more information, contact us at Troy Legal, (561) 910-4570. 

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.