You might see the commercials on your television or the ads on your phone for the rapidly increasing number of gambling apps, particularly for sports betting. Or, you may have firsthand experience, watching your soon-to-be-ex-spouse get into this growing trend.
Ever since it was legalized in 2024, North Carolina has seen a sharp increase in sports betting. One or two bets may not have a significant impact on your finances, but gambling can be a slippery slope. How exactly could it affect you if you pursue a divorce?
What should you know when filing for divorce?
Any form of gambling can add a complex layer to your marriage – and the end of it. In extreme cases, the effects of a gambling addiction can break the emotional and financial trust you built in a relationship. A partner’s addiction may even be one of the reasons contributing to your decision to seek a divorce. However, North Carolina is a no-fault divorce state. There is no “at-fault” party in a divorce, even if your ex-spouse’s behavior leaves much to be desired.
That being said, gambling can certainly impact the proceedings, particularly the division of your marital assets.
How could a gambling problem impact property division?
While North Carolina will not consider fault in a divorce, they will consider a spouse’s management, or mismanagement, of marital finances as well as the impact it had on the other spouse. An ex-spouse’s heavy engagement or even addiction to sports betting or mobile gambling could impact:
- The risk of marital dissipation: The most common concern regarding gambling in a divorce is often the mismanagement of funds. Big bets can lead to big losses, which could be classified as the dissipation of marital assets.
- The reality of equitable distribution: If big bets lead to significant debts on top of the dissipation of marital assets, an ex-spouse’s gambling will certainly be considered when determining how to divide assets equitably in the divorce. For example, the spouse who gambled and dissipated assets may receive a smaller portion of marital property as a result.
Keeping track of your finances is always an essential step in a divorce, but the increase – and the ease – of gambling nowadays means it is important to take care with your accounts and take steps to protect your assets. You do not want to risk your finances or your future. In cases like this, it will be beneficial to seek experienced legal guidance.