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Bay Area Family Attorneys > Blog > Divorce > Identity Theft and Divorce: Protecting Yourself When Your Ex has Access to Your Personal Information

Identity Theft and Divorce: Protecting Yourself When Your Ex has Access to Your Personal Information

IdentityTheft

When thinking about the difficulties that come with an impending divorce, many people overlook identity theft during or after a separation.   Identity theft is a real risk after a couple separates, especially when your ex has access to bank accounts, credit cards, social security numbers, passwords, and other sensitive data. A bitter or vindictive ex may explot that access to harm you financially.  This article aims to generally inform readers how to protect yourself and warning signs to watch for – for formal legal help and specific advice, contact an experienced divorce attorney at Cardwell Steigerwald Young, LLP.

Preventing Identity Theft in Divorce

When couples separate, emotions often run high.  Unfortunately, this can sometimes lead to destructive behavior like financial sabotage or retaliation.  Shared financial accounts and access to personal information can enable an ex to take fraudulent action on your name. This could mean, for example, opening a new account, or obtaining unwanted access to an existing account.

Identity theft can do a number on your credit score, finances, and general stress level. Taking proactive steps to protect yourself against unauthorized access to your accounts and preventing new ones to be opened can minimize the risk or ability your ex might have to use your identity without your consent.

  1. Change All Passwords and PINS: Update logins for all accounts – banking, email, social media, utilities, and even streaming services. Enable two-factor authentication where possible, and reset security questions to things your ex could never guess.
  2. Separate Joint Finances: Open new personal bank accounts at a different institution and redirect your paychecks to your new personal bank account.
  3. Monitor Your Credit: Check your credit report frequently. Look for unfamiliar accounts or unexplained changes.
  4. Consider a Credit Freeze: A credit freeze prevents new lines of credit from being opened in your name without your permission.
  5. Secure Physical Documents: Store or remove sensitive documents (e.g., tax returns, bank statements, birth certificate, etc.) from any shared residence.

Warning Signs Your Identity May Be Compromised

Be alert for:

  1. Unauthorized withdrawals or charges on joint or individual accounts.
  2. Bills or collection notices for debts you didn’t incur.
  3. Credit inquiries from lender you didn’t contact.
  4. Sudden drops in your credit score.

Remember that any unauthorized financial activity done in your name is fraud. It is important to address fraud once you become aware of it. These steps might include calling the company where the fraud occurred and asking them to close or freeze accounts, placing fraud alerts at the major credit bureaus, requesting a copy of your credit report to check for other fraudulent activity, and filing a police report.

You might also want to contact an attorney at this point, to ensure you understand your rights and that you receive accurate legal counsel for best steps in your individual circumstances.

Legal Recourse

Both California law and the federal government provide rights and protections to victims of identity theft. There are many options and safeguards in place that victims can pursue, and identity theft can be civilly and/or criminally prosecuted as either a misdemeanor, or sometimes, even a felony (depending on the circumstances of the case).

Contact Cardwell Steigerwald Young, LLP

In the times and circumstances that matter most – it is best to consult with a knowledgeable attorney to ensure that you know your rights and what steps best serve your ultimate goals. If you find yourself facing identity theft from an estranged/ex-spouse, contact a San Francisco divorce attorney at Cardwell Steigerwald Young, LLP.

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