During our marriage, my wife and I stored all of our account passwords on a sheet of paper in our home office. During mediation, we agreed to provide the previous three months of bank statements, which should include credit cards.
I handed mine over, but she has refused to provide her credit card statements. The numbers she has provided don’t add up and there is too much money going toward her credit account.
Since we have stored our account passwords in a central and accessible location for the last 15 years, am I legally allowed to log into her credit account to view her statements?
Please be aware that I cannot give legal advice based on contact from the website and can only provide general tips regarding your situation.
That is a very sensitive question. There is an argument to be made that you can access the account, because the passwords are equally available to both of you. However, there is also an argument to be made that you are violating wiretapping laws by accessing an account you aren’t a legal owner on, even if you are in possession of the password.
If you have started the divorce process, your attorney can serve formal discovery and she will likely be required to provide the bank and credit card statements. You could also refuse to continue to participate in mediation until she provides the documents she agreed to.
Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation. Cordell and Cordell, PC has offices in your state for you to contact and set up a consultation.