My husband and I had some money set aside in a safe. I went to get some money out and noticed that there was only $200 dollars left, there should have been at least $3000 left. I know that when he came back from Iraq in 2008 he took trips with his mistress, he did not use money from our joint bank account, I think he used the money we had set aside, can I use the fact that he used the money with out my consent.


If he used the money for non marital purposes and without your knowledge the court could view the money as already if it was distributed to him as part of the division of the estate, in other words you will receive a credit for the money he spent when the court tallies all of the martial property. If however he can prove that the money was spent for marital purposes (pretty much anything but traveling with his mistress or buying things for her) the court will view the money as being spent during the marriage and will not include it in the distribution.