TAGS

Family Law Blog

A Breach of Fiduciary Duty in California Spousal Support Requirements

Friday, September 04, 2020

Divorces happen and the process is rarely comfortable or easy, especially when alimony is concerned. Alimony was created to lessen the negative effects of a dramatic transition on a person who doesn't have the immediate means to fulfill their needs after a divorce. Unfortunately, much like any other program created to assist people, it can be abused.

What do you do if you suspect that your former partner has somehow dishonored a spousal support agreement? What course of action can you take?

Breach of Fiduciary Duty

Each spouse has a responsibility to the other when it comes to any and all finances and debts acquired during the relationship. It doesn't matter if the assets and debts were acquired together or alone. California takes fiduciary responsibility very seriously and all assets must be disclosed during the process of a divorce or the person hiding relevant information can be punished. 

breach of fiduciary duty refers to the act of hiding assets and manipulating income levels that are reported to the court system in the case of divorce. It is illegal to withhold any information and is considered a breach of contract and a breach of trust. 

What Do You Do?

If you suspect that your former partner may be hiding assets or somehow manipulating financial information, address any and all concerns to your divorce attorneys and allow them to investigate your claims. It is a lawyer's job to investigate all contentious issues in a divorce. If they can find a breach, you may be entitled to what your former partner is hiding. 

If you are accused of breaching a fiduciary trust, you need to contact your divorce lawyer immediately to clear up any misconceptions. Your attorney's job is to protect you and your interests and direct honesty goes a long way.

What you DO NOT DO is conduct outside investigations on your own. Evidence obtained illegally or nefariously can damage any arguments that you have and make you look bad in the eyes of the court. 

No matter what, it is essential to begin the process of your separation with a trusted and qualified attorney with a proven success record to back you up in every situation.  

Call Us With Your Questions

The experienced and supportive attorneys at Jamra & Jamra are here to ensure you get the fairest deal possible when it comes to your family. Contact us at 310-278-9001 to schedule your free consultation, and we can get started on your case.