In California divorce law, spouses owe each other a fiduciary duty over community money, and spending community funds on an affair constitutes 'dissipation' that courts can charge back against the spending spouse's share of community property. This legal principle means that documented spending on an affair can significantly reduce or eliminate the other spouse's claim to marital assets, as demonstrated by a case where $23,650 spent on an affair offset a wife's claim to her husband's separate property house.
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She Was Cheating. She Lost Everything! Then She Started A GoFundMe!
Added:Her phone was parked at a hotel at 9:42 at night.
>> [music] >> She had told me she was running the fall reading event at school. I was standing in the kitchen with a glass of water. I was looking at the little dot on the family location app. We set that app up years ago so we would each know when the other was driving home. The dot was not at the school. The school sits over by the water tower. The dot was sitting in the lot behind the hotel. It had been sitting there for an hour and 4 minutes.
I want to tell you I did something right away. I did not. I put the glass down and told myself the app was wrong. It glitched sometimes. Last spring it put me at the gas station when I was already home in bed. So I knew it could be off by a block or two. The hotel was maybe 3 miles from the school. Close enough that a bad signal could smear the dot a few streets over. That is the story I told myself standing there in my kitchen. The other story was one I was not ready to look at. So I waited. At 9:58 the dot moved. It came off the hotel lot. The little timer that tells you the drive started counting down. 13 minutes. The front door opened at 10:11. She had her tote bag of worksheets and a travel cup of coffee. She said the reading event ran long. The new librarian could not get the projector to work. 30 kids, 40 parents, a zoo.
How was it? I asked. "Exhausting." she said. She kicked off her flats and rubbed her foot. "I am going to shower."
I said, "Okay." I rinsed her coffee cup.
While the water ran upstairs, I opened the app and looked at the location history. It keeps a trail of dots and I followed her whole night backward.
School at 4:30, school until 8:25, then the hotel lot at 8:38, the hotel lot until 9:58.
An hour and 20 minutes at a hotel. That was where her whole night had gone, parked behind that hotel. And a reading event was supposedly keeping her late. I had been a warehouse manager for 9 years by then. My whole job is patterns. When a pallet count is off, you do not panic and you do not accuse anybody. You pull the records. You find the gap. You document it. Then you walk into the room already knowing the answer. So, I did not say a word that night. I lay next to her and listened to her breathing slow down, and I started building the file in my head. We had been married 16 years.
No kids. We tried. It did not happen.
Somewhere around year eight, we stopped talking about it. My wife teaches fourth grade, room 14, the one with the reading corner she loves, the bean bags, the string lights. Parents request her. Kids cry on the last day of school. For as long as I had known her, she was the most honest person in any room. The next morning, I got up at 5:00 like always. I made a note in my phone before I left for work. The date, [music] the time at the hotel, the duration, the cover story she had given me. Then I drove to work and moved freight for 10 hours. I said nothing to anybody. For the next 3 weeks, I just watched the dot. I did not ask questions, and I did not search her things. I told myself I was being fair.
Maybe there was an explanation, a parent meeting, a sick friend, something. But the dot kept going back. The hotel on a night she said was a staff meeting. That same hotel again on a night she said she was getting her nails done. The salon was two suburbs over. The nail place was on the far side of the freeway. The dot never went near it. There was one thing I kept snagging on. She had started leaving her phone face down. Not always.
She was not dumb about it. But at dinner and at night it was screen down on the counter. It buzzed a lot for a woman who used to leave it in her purse for hours.
What she never thought about was the location app. She helped set it up years ago and by now it was just a thing we both forgot was running. It was the same glitchy app that once put me at the gas station in my sleep. She covered her screen and she scrubbed her texts. The whole time the dot followed her to that hotel because she had stopped believing it worked at all. One night it lit up on the nightstand while she was brushing her teeth. I saw the top of a notification before it faded. One letter. Just B. Then miss and it was gone. I did not move. I lay there and I memorized it. The pattern got cleaner the more I logged it. A weeknight after a stated work thing, the occasional weekend after a freeway errand. And every single time that same hotel. And every single time she got home she had a cover story already loaded. Told before I asked. That was the part that got me.
You do not pre-explain a normal night.
So I started corroborating. We had a credit card we both used for groceries and gas.
I had never once looked at the line items because why would I? On a weekend she was at a workshop. I pulled nine months of statements. Nine months because the earliest hotel ping in the app's saved history went back about that far. When I scrolled the trail all the way back, there it was. A ping at that hotel in February I had not thought twice about at the time. The picture came up out of the numbers like a photo in a tray. The hotel, $189 and $211 and $189 again. Charges I had skated right past as conference or supplies. A second block at the same hotel, three weeknights in a row in June, $642.
That stretch she had told me was a district training out at the lake. A spa day she booked at the hotel under her own name, $355.
That afternoon she said she was grading.
A weekend trip to the coast in August, the room and meals on our card, $1,290.
She had told me that one was a girls retreat. It was with a friend whose name she would not repeat twice the same way.
Two seats at a show in the city, $264.
That night she told me she had the flu.
I moved to the guest room so I would not catch it. Dinners for two over and over, $88 and $112 and $96.
Every one of them on a night the dot said that hotel. A bracelet she bought herself at the outlet jewelry counter, $740 on a day no birthday of ours sits. I sat there for 4 hours and wrote down every charge that did not belong. The ones above were just the ones I could name on sight. Behind them were the nights I had skated past for months. Room after room at that hotel, two more weekend trips, the standing dinners, all of it on our card. Each one got the date, the amount, and what she had told me that day. When I finished, I had a column of numbers that ran most of a page. I added them in the calculator twice to be sure. Over those 9 months, she had moved $23,650 of our money into the affair. I circled it. I still did not have his face. I had a letter. It was a weeknight again when I got the rest of it. She was in the shower, phone on the bathroom counter.
It lit up while I was reaching past it for my razor. The screen woke all the way up this time, a full message on the lock screen. The timestamp sat right there in the corner. It said, "B, miss you already." Sent from her. A reply sat under it. "Next week, same room." I took my phone out of my pocket and I took a picture of her screen. The whole thing, her words, the name on the contact, the time. I wanted the date my phone stamps on it. I wanted the metadata. I wanted something no one could say I had typed up myself. Then, I locked her phone and set it back exactly where it was, angled the same way. I went downstairs and poured cereal I did not eat. Now, I had the name off her phone and it took me one search to find him, the assistant principal at her school. His face was on the staff page, tie and lanyard. The bio talked about his commitment to student growth. He was the one who would have approved her reading event. He was the reason it ran late. I want to be honest about what I felt because I I people expect rage. It was not rage, not yet.
It was cold. It was the same thing I feel when I find a gap in the count. The click of the last number landing. I knew now I just had to do it right. That week I called a family law attorney. I sat in her office with my legal pad, my photo, and the folder of statements. I laid it all out in order, the way I would lay out an inventory problem. She listened.
She took notes. Then she asked me one question that changed the whole shape of the thing. The house, she said, when did you buy it? Four years before we got married, I said. It is in my name, only mine.
>> [music] >> You bought it before the marriage, your name alone, your money for the down payment? My money, my credit. She moved in after the wedding. Then that is separate property, she said.
Pre-marital.
Her claim in California is going to be limited, but I want to be straight with you.
It is not clean. There is a doctrine called Moore Marsden. I asked her to slow down. She drew it on a notepad for me. We had been paying the mortgage during the marriage out of money we both earned. So, the marriage, what she called the community, gets credit for a slice. Two slices, really. One, the community gets back a share of how much the loan got paid down. Two, and this was the bigger one, the community gets a proportional share of the appreciation.
How much the house went up in value over those years. So, she gets part of my house, I said. A portion, not the house.
A portion tied to what the community pay down bought, plus the matching share of the gain. On a house that has appreciated the way California has, that number can be real, could be substantial. She let that sit. Then she picked up my folder. But this is the other side of the ledger. She spread the statements out. In California, spouses owe each other a fiduciary duty over community money.
>> [music] >> It is the highest duty the law recognizes between two people. When one spouse spends community funds on an affair, that is a breach of it. The hotels, the trips, the gifts to herself.
People loosely call it dissipation. The court can charge it back.
It comes off her side and reimburses yours.
"Charge it back." I said, meaning every dollar you can document that she spent on that affair, the court treats as already taken. It reduces what she is owed, or she pays you back out of her share. So that more mars the number that scared you a minute ago, she tapped the legal pad where I had circled the total.
This offsets against it, maybe wipes it out, maybe she ends up owing you. I asked if my 9 months was enough. The photo plus the statements plus the location history, she said, was more than most people had. Document everything. Change nothing. Do not tip her off. Let her file when we were ready. So I went home and I kept being a husband. That was the hardest part. And I am not going to pretend it was not. I made dinner. I asked about her day. She told me about a kid in room 14 who finally cracked long division. She laughed and I laughed. The whole time the folder sat in a locked drawer in the garage, copies in my truck, copies in my work email. Every week the dot went to that hotel and I logged it. I had a spreadsheet now. Dates down the side, the location across the top, the cover story in the notes column. She got comfortable. People always do. By November, she was not even bothering with good lies. Staff thing. Out with a friend. She stopped saying which friend.
>> [music] >> The charges kept coming on the card. A $58 dinner for two at a place she said she had never been. A hotel charge the same night the dot said that lot. Every charge matched a ping. Every ping matched a story that fell apart the second you held it up to the statement.
My lawyer filed in early December. My wife got served at the house on a weekday afternoon. I made sure I was at work. She called me 11 times. When I came home, she was sitting in the kitchen with the papers fanned out in front of her. Her eyes were red. She opened with the thing they always open with. We can talk about this. Whatever you think you know, you do not have the whole story.
It is your assistant principal, I said.
The man who signs off on your reading nights. You meet him at the hotel. You have moved $23,650 of our money into that affair since February. I have the statements, I have the locations, and I have a photo of your phone. Her face tried three expressions. It landed on none of them.
You went through my phone. It lit [music] up, I said. I did not go through anything. Your dot has been telling me where you are for 9 months.
We set that app up together, remember?
She switched tracks then, fast, the way people do when the first defense dies.
She cried. She said it was a mistake, that it started after a bad stretch between us. She said the other guy listened to her. She said she would end it that night, that she had never touched our savings. That last one I almost laughed at because I had the savings transfers, too.
The little moves into her checking turned into hotel nights and a bracelet.
I did not yell. I told her I had a lawyer now. Everything from here would go through the attorney.
Then I took my pillow to the guest room, the same room where I had waited out her fake flu while she sat next to him at that show. What I did not tell her, what my lawyer told me to hold, was the more Marston math. She walked into that case believing she was entitled to half of a house.
A house that had nearly doubled in value since I bought it. Her first lawyer apparently told her the same thing. The opening demand that came back was aggressive. They wanted a buyout, a big one. They thought the house was the leverage. My lawyer had been waiting for exactly that. She sent back the apportionment, the community's actual share calculated out. It was a real number, but a fraction of what they had asked for, and stapled to it, the dissipation claim, nine months of statements, the location history, the photo of her own screen, his name, miss you already, the timestamp, the full $23,650 of community money spent on the affair claimed back against her share. You offset that against what the community was actually owed. The house leverage did not just shrink, it flipped. Her share of my separate property house got eaten almost whole. The money she had spent on the affair did it. [music] The buyout she thought she was collecting turned into a wash and then [music] into her owing. Her lawyer went quiet for 2 weeks. Then the demand letter stopped coming and a settlement conversation started. It got worse for her outside the courtroom, too. I had nothing to do with that part. He was a school administrator carrying on with the teacher he supervised. Somebody at the district found out. I never learned how. I never said a thing. My lawyer made sure of that. He was put on leave.
By February, he was not on the staff page anymore. She kept her classroom, but the reading event crowd of parents talks and the small city talks faster than any of them. We settled in the spring. No trial. The house stayed mine, free and clear, the separate property it always was. The community share more Marsden would have given her was offset to nothing. The spreadsheet I had built over 9 months was the spine of all of it. She moved out of the house she had been so sure she was half owner of into an apartment. I never checked where. I had taken the app off my phone by then.
I thought that was the end of it. It was not quite. A guy I know from the warehouse text me one night in June.
Just a link and three words. Is this her? I open it. It is a GoFundMe. There is a photo of my wife, the soft focus one she used to use on the school newsletter, and a headline across the top. Help me rebuild after losing everything.
I sat on my couch and I read the whole thing. It said she had been through a devastating divorce.
>> [music] >> It said she had lost her home. It said that through circumstances beyond her control, she was starting over with nothing. It said she had given everything to a marriage and walked away with the clothes on her back. It said any little bit would help her get back on her feet and keep teaching. And then there was the goal, the number she was asking strangers for, the amount on the thermometer at the top of the page, $23,650, the exact figure, not 20,000, not 25, $23,650, the precise amount the court had charged back for what she spent on the affair.
She had taken our money to that hotel and to the coast and to the jewelry counter. The court made her account for every cent of it. Now she was on the internet asking the public to refill it for her down to the dollar, like nobody could do the subtraction. People could do the subtraction. The comments were already going when I got there and they did not stop. The new librarian from the reading event posted under it, "Funny, you were not running late that night because of the projector." A parent wrote, "Rebuild after losing what exactly? You spent [music] it." Somebody who knew the figure posted, "Ask the guy you were with for the $23,650."
I never found out who, but a courthouse is a public place. That comment got 40-some likes before she could delete it. By then it had been screenshotted by half the parents who ever sat in a conference in room 14. She turned the comments off. Then she took the photo down and left just the text. Then, 4 days after the coworker sent me the link, the whole page was gone. The thermometer never moved off zero. I never donated and I never commented. I never told a single person at that school a single thing. I did not have to. I changed the address on the credit card to a PO Box. I had the locks re-keyed the week she moved out. I made one last note in my phone, the date the GoFundMe came down, then I deleted the whole folder, the spreadsheet, the statements, all of it. I did not need it anymore. The house is quiet now. The reading corner stuff went out with her boxes.
Last week at 9:42 at night, I was on the couch with a glass of water. I did not know where anybody's dot was, and I did not get up to check. See you in the next one.
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