When a spouse decides to prioritize spite over fairness in a divorce, they may engage in scorched earth tactics designed to leave you with as little as possible. You are likely dealing with a person who values winning more than their own integrity, but West Virginia law provides mechanisms to help you keep the process on track.
Making a sudden career change
In West Virginia, if a high-earning spouse suddenly quits their job or takes a massive pay cut just to lower their alimony or child support obligations, the court can look past their current paycheck. This is known as attributed income. A judge can calculate support based on what that person is capable of earning, considering their work history and education, rather than the lower amount they chose out of malice.
Weaponizing the parenting schedule
Sabotage often targets your relationship with your children. A vengeful spouse might “forget” to share school event dates or schedule appointments during your parenting time to make you appear uninvolved. West Virginia courts generally favor parents who encourage a bond with the other parent. Documenting any spiteful or purposefully inconvenient efforts by an ex helps show a judge that your spouse is not prioritizing your child’s stability.
Intentionally wasting money
When a vengeful spouse begins maxing out joint credit cards or hiding assets, they are committing what the law calls “marital waste” or “dissipation.” You can take specific steps to document these behaviors:
- Save copies of all credit card statements showing unusual spending sprees
- Keep records of any “gifts” your spouse makes to friends or family members during the separation
- Request a temporary court order to help prevent unusual spending or asset transfers
It may be tempting to fight fire with fire, but retaliating with your own sabotage only hurts your credibility with the judge. Instead, rely on financial professionals who specialize in forensic accounting to uncover financial waste. Using facts and data is the most effective way to counter emotional manipulation.
Protecting your future interests
A spouse’s attempt to sabotage the divorce process is often a sign of their own fear or lack of control. By focusing on objective data and utilizing the protections built into state law, you can protect your financial interests and prepare for the next chapter of your life.