Marital Financial Misconduct in Ohio: When Hidden Spending Becomes Fraud

It’s not uncommon for spouses to have some degree of financial independence during marriage — separate credit cards, personal purchases, or even helping family members. But what happens when one spouse secretly sends money to others without the other’s knowledge or consent? In Ohio, that kind of behavior can rise to the level of marital financial misconduct — often referred to as marital fraud.

What Is Marital Financial Misconduct?

Under Ohio Revised Code § 3105.171(E)(4), a court may find financial misconduct if one spouse has dissipated, concealed, destroyed, or fraudulently disposed of marital assets. In plain terms, if one spouse intentionally hides or wastes marital money in a way that harms the other, the court can correct it.

Financial misconduct typically involves:

• Transferring or spending marital funds in secret,

• Gifting large sums to others without consent,

• Concealing bank accounts or income,

• Selling property below market value, or

• Using marital assets to support an affair or unrelated venture.

When Hidden Transfers Become Marital Fraud

If one spouse sends money out of state — for example, wiring funds to a relative, friend, or third party — without the other spouse’s knowledge, the court will look at the intent behind those transactions. It becomes misconduct if:

• The transfers were for non-marital purposes,

• The other spouse did not know or consent, and

• The spending reduced the marital estate available for division in divorce.

Even if the amounts seem small, repeated or secretive transfers can add up and show a pattern of concealment.

How Courts Handle It

When the court finds financial misconduct, it has the power to make the innocent spouse whole.

This might include:

• Awarding a larger share of marital property,

• Ordering a distributive award (a cash payment), or

• Holding the guilty spouse personally responsible for the missing funds.

Evidence such as bank records, wire transfers, or testimony about hidden spending can be key in proving misconduct.

Protecting Yourself

If you suspect your spouse has been secretly moving money or spending marital assets, it’s important to act quickly. An experienced family law attorney can:

• Subpoena financial records and account statements,

• Trace the flow of funds to identify hidden transfers, and

• Seek a court order to freeze accounts or preserve assets.

Bottom Line

Secretly sending money to others without your spouse’s knowledge can be more than bad judgment — in Ohio, it can be marital fraud with real legal consequences. The court can and will correct unfair financial conduct to protect the integrity of marital property division.