Marital Embezzlement

Marital embezzlement is the secretion of marital assets, typically financial in nature, by one spouse or partner in a manner that is intended to conceal the activities from the other spouse or partner. In the case of marital embezzlement, the assets in question are typically accessible to the perpetrator because he or she has some form of an ownership stake in them (e.g. being part of a Joint Account) or has entrusted access to them (e.g. has a key to a lock or safety deposit box). However, having an ownership stake in the assets is not a critical factor in determining whether or not embezzlement has occurred. Instead, having entrusted access or non-trespassory access to the assets is the important factor.

A common form of marital embezzlement occurs when one spouse or partner secretes funds from a joint or entrusted account, typically in a systematic or methodical manner, where the actual purpose for the funds is falsified or concealed in a manner intended to mislead the other spouse or partner.

Examples of marital embezzlement:

1. Selling off marital assets such as furniture, securities, etc., without the consent or knowledge of the other spouse or partner.

2. Falsifying entries in a check register by logging a false recipient or payee of the check, while actually writing the check to another recipient or payee.

3. Withdrawing financial funds in the form of cash and depositing those funds in another account, without the consent or knowledge of the other spouse or partner.