Ruling sets precedent for the managing spouse to be responsible for producing all documentation related to marital finances
The Fourth District ruled in the case of the Marriage of Margulis that it is the person with all the money at separation that has to provide proper documentation and bears the burden of proof. They propose that it is the managing spouse’s duty to account for the money under their management and control. All the court needs to hear is proof that there was money on the date of separation, and then it can expect the person who had the money to give a full, documented and convincing explanation of where it went. This is common sense.
As we know, however, common sense is all too often not common. As an attorney, there is no question that the most frustrating part of our work is documentation. How do you find the documentation. How do you get the documentation admitted into court. The person who has something to lose, and their attorney, are very motivated to conspire to ensure that the key document that you need to win never gets seen by the court.
This case is a breath of fresh air into a sinful and fraudulent world. Now we have official authority for the proposition that the managing spouse had better keep all the reciepts, all the statements, all the invoices, all the bills, and had better keep good lists and notes too. Otherwise, all the joint savings spent (or wasted) by them after the breakup will be charged to them. Take a look here if you are interested in more….
