If you are considering divorce, have doubts about your spouse’s honesty, and worry that you may not have been given all the facts to ensure an equitable outcome, an experienced divorce attorney can help you proactively take steps to uncover the truth. At Kaspar & Lugay LLP, we’ll help you collect the evidence most relevant to your case and work with the appropriate experts, such as a forensic accountant or private investigator.
This article explores how private investigation findings can impact divorce cases, along with ethical considerations and investigative techniques.
When to Hire a Private Investigator for Divorce in California
California is a no-fault divorce state—so why hire a private investigator? Even though spouses are required to provide full and accurate financial disclosures under oath and are subject to penalties for perjury, misrepresentation and omissions still occur in many divorce cases
A skilled private investigator can be invaluable before you file for divorce, during proceedings, and even after the divorce is finalized. The evidence can have major implications on matters such as child custody, spousal support, and asset division. Hiring a private investigator isn’t about catching someone off-guard—it’s about protecting your rights and ensuring that the court sees an accurate picture.
Infidelity & Adultery
Many people who suspect their spouse of having an affair have already decided that if their suspicions are proven correct, they will file for divorce. Before making a life-changing decision, hiring a private investigator may reveal concrete evidence of infidelity so that you can move forward confidently. In some situations, the suspecting spouse may want to verify infidelity for religious reasons, particularly in faith traditions or cultures where adultery is a significant factor in whether a divorce is religiously permitted or recognized.
California is a no-fault divorce state, meaning that divorce can be granted without proving wrongdoing by either party. Infidelity, including adultery, is not illegal and is not considered a crime in California.
However, evidence of infidelity involving behaviors that negatively affect your child’s health, safety, or well-being can influence child custody decisions.
If your spouse has secretly spent marital funds on an affair, this is known as financial infidelity, which affects asset division and spousal support.
Asset Division: Hidden Assets and Financial Infidelity
In California, all assets acquired during marriage are considered community property. This means that any income earned by either spouse while married is treated as marital funds, and any property acquired during the marriage (such as real estate, vehicles, boats, or other high-value items) is generally subject to 50/50 division upon divorce.
“Forgotten” Assets
One may “forget” to disclose certain assets to avoid equitable division. For example, a husband might purchase a boat but fail to disclose it to his wife, and hide its physical location. A private investigator can help uncover such hidden assets by tracing the location of the property, documenting its use, and providing evidence of its existence to the court, ensuring that the marital property is accounted for and fairly divided.
Financial Infidelity (Hidden Spending)
Financial infidelity is the secret spending of marital funds related to undisclosed activities, such as gambling, addictions, affairs, or escorts. Financial infidelity can have a significant impact on a divorce settlement, potentially affecting property division, spousal support, and the overall fairness of the outcome.
In high net worth divorces, where substantial spending was normal throughout the marriage, it can be difficult for the suspecting spouse to know exactly how funds were allocated. A private investigator can observe public transactions or social media activity indicating that a spouse is leading a financial double life. For example, one might display an extravagant lifestyle online that is inconsistent with their disclosed income, or they may be spending lavishly on jewelry, vehicles, gifts, or luxuries without the other spouse’s knowledge.
Kaspar & Lugay LLP works closely with private investigators and forensic experts who can track hidden assets and uncover a spouse’s undisclosed activities. Our firm combines business law expertise, extensive experience in business and commercial litigation, and deep insights forged in the Bay Area tech startup ecosystem. Kaspar & Lugay LLP Partner Brent Kaspar is a Certified Public Accountant (CPA), and Partner Arvin Lugay has advised and represented some of the most prestigious financial and banking institutions in the country in high-stakes litigation.
Spousal Support: Undisclosed Income, Voluntary Unemployment, and Cohabitation
Alimony, also known as spousal support, is where one spouse provides financial assistance to the other following a divorce. Its primary purpose is to ensure that the supported spouse can maintain a standard of living similar to what they enjoyed during the marriage.
California courts consider the marital standard of living when determining spousal support. If a spouse underreports income, hides assets, or falsely claims financial hardship, the spousal support order may be determined based on misleading information, resulting in an unfairly low amount.
Undisclosed Assets or Income
Income and earning capacity are factored into spousal support calculations in California. A supporting spouse may hide employment or business income to downplay their ability to pay spousal support. On the other hand, the supported spouse may perform work “off the books” to claim they need more support than their real income would suggest.
A private investigator may find evidence that supports a fair spousal support calculation or a petition to modify spousal support.
Voluntary Unemployment or Underemployment
In California, spousal support can be calculated based on the earning capacity of the lower earning spouse, even if they are unemployed. The supporting spouse may request a work efforts order and Gavron warning from the court advising the supported spouse that they are expected to make reasonable efforts to earn an income within a reasonable period. Their efforts, or failure to make efforts, can be considered in any future modification or termination of spousal support.
If the non-earning or lower-earning spouse has hidden their educational background, professional licenses, qualifications, or work experience to minimize the court’s perception of their ability to earn, a private investigator may uncover this information. Additionally, if the supported spouse is choosing not to seek employment or is working less than they could, a private investigator may document evidence of them spending their days leisurely or engaging in activities that contradict their stated job search efforts.
Courts are less likely to impose a work efforts order if the marriage was long-term (generally over 10 years), particularly if the supported spouse was a stay‑at‑home partner with limited marketable skills.
Cohabitation
One may petition the court to modify their spousal support order if they can demonstrate a change in circumstance.
In California, the court will presume that the party who is cohabiting has a reduced need for spousal support. Cohabitation, however, specifically refers to living with an intimate partner and does not include arrangements with roommates. Proving that your ex is cohabiting with a new partner often relies on the expertise of a skilled private investigator who may gather evidence through social media, public property records, or witness statements.
It is important to note that cohabitation does not automatically terminate spousal support, and the supported spouse may present evidence that they still need the initial spousal support amount despite their new living arrangements.
Custody and Child Support
When it comes to custody and child support, California courts prioritize the best interests of the child, which include their health, safety, and emotional well-being. Child support is calculated using a statewide guideline formula that accounts for various factors including the ability of each parent to provide for those needs, and the amount of time each parent spends with the child.
Similar to spousal support, misrepresentation of income or expenses can result in an unfair child support determination. A private investigator may find evidence that a parent is overstating household or childcare expenses, misrepresenting parenting time, or failing to provide the level of care, supervision, and stability required under California parenting laws and the custody agreement.
In California, child support is calculated to reflect the standard of living the child would have enjoyed had the parents continued living together. A private investigation may uncover evidence that a parent has an undisclosed source of income or a new, higher-paying job. The other parent may consequently petition the court to modify child support.
Ethical Considerations of Private Investigation
It is legal to hire a private investigator in California. All investigations must be conducted lawfully and ethically. A private investigator cannot obtain evidence through illegal means, such as trespassing, wiretapping, impersonating law enforcement, hacking financial accounts, or accessing phone records without authorization. Evidence gathered unlawfully is inadmissible in court.
Sources of information obtained through lawful private investigation typically include:
- Observation or surveillance footage of public events or places where there is no reasonable expectation of privacy, such as streets, sidewalks, restaurants, parking lots, hotel entrances, or malls.
- Social media and online activity including comments, photos, and videos that may reveal spending habits, travel, business activity, relationships, or inconsistencies with sworn financial or custody statements.
- Publicly accessible documents such as records of property ownership, business filings, court appearances, and professional licenses.
- Witness interviews with individuals who voluntarily provide information, such as neighbors, coworkers, or acquaintances, without coercion or misrepresentation.
Suspect Your Spouse? Get the Facts and Divorce Settlement You Deserve with Kaspar & Lugay LLP
Is your spouse cheating on you? Is your husband or wife involved in illegal activities? Is your spouse hiding assets to deprive you of community property? Kaspar & Lugay LLP can help you find answers.
We have investigators who can track hidden assets and find out about a spouse’s secret activities. Verified information can be highly effective as leverage in resolving high net worth divorce cases through negotiation rather than trial. When a settlement agreement cannot be reached, our trial-proven lawyers know how to build a winning court case. We ensure that any evidence collected is legally admissible and strategically relevant, presented in a way that preserves your credibility before the court.
Call 415-789-5881 or contact us online to schedule a discreet consultation.
