How to Respond If Your Spouse Starts to Spy on You

Russell Family Law & Litigation • October 12, 2018

Most of the time, we never see it coming. How could a relationship that once made us feel so good turn so sour? Whether you and your partner are engaging in shouting matches, or worse, fostering a steely silence — you could feel that your relationship is crumbling. Obviously, this is never a good feeling — and you’ll definitely want the best divorce lawyer in Wilmington, NC on your side in case people become petty.

One of the most hurtful things that can happen as a divorce is approaching is to have your spouse start spying on you. So let’s talk about how you’ll be able to tell if they’re spying, as well as which methods they might be employing. While some methods of spying are, in fact, legal, some are definitely not. We are able to advise you on which steps you need to take to ensure your safety

Reasons Your Partner May Spy on You

Simply listing the reasons why a spouse might spy on you is in no way an excuse or an endorsement. If your partner is spying on you, you’re probably feeling pretty hurt. After all, a partner is most likely to spy on you if they don’t trust you anymore. More specifically, they may suspect that you’re cheating on them.


They’re Paranoid or Controlling

Spying is often caused by a spouse’s paranoia. If you’ve cheated in previous relationships, or even in your current one, they may believe that you’d do it again. If you are, in fact, cheating, you could be leaving all sorts of breadcrumbs. Think of the suspicious calls your spouse may have overheard, even when you thought you were alone, or messages they may have glimpsed at. Not to mention, if they have access to your bank accounts, any odd expenses.

Similarly, if they’re investing in you financially, helping you go to college, or helping your business, they’d want to ensure that you’re using their investment wisely. Like we have already mentioned, most spouses are just insecure and need to reassure themselves of your fidelity and honesty. This is still not great, and the situation may actually call for couples therapy, at the very least. However, it’s also good to have a great divorce lawyer in Wilmington, NC on speed dial as well.

A much more dangerous alternative is if your partner is controlling, or they’ve been known to get violent. In this case, you’ll need to be extremely careful and get to a safe house as soon as possible. A relationship in which one partner needs to know every detail of the other’s life is sure to become toxic soon, if it hasn’t already.

In fact, your partner has probably approached you with their suspicions. If they’re fairly confident that you’re lying to them, you may get served with divorce papers. In that case, you should look into finding a good divorce lawyer in Wilmington, NC. Fortunately, here at the Law Office of Erin E. Russell, we’re ready and able to advise you every step of the way.

They Might Be Trying to Protect You

Alternatively, you may have had a history of drug and alcohol abuse. So your partner could simply be trying to make sure that you haven’t slipped. Addicts often tend to associate with dangerous people and make ill-advised financial decisions. If you haven’t slipped off the wagon, and you suspect that your spouse thinks that you have — it might be best to simply talk to them.

Losing your partner’s trust without having done anything is incredibly hurtful. However, if you’ve had previous substance abuse problems, your partner may be trying to protect you. On the other hand, if they’re considering divorce, they may also be fishing for any bad influences or even criminal acts that could make it easier for them in court.


Legal Advantages During a Divorce or a Custody Battle

Whether or not you’ve done something to “provoke” your spouse’s actions, you may be wondering how their findings will affect divorce proceedings in North Carolina. Fortunately, a divorce lawyer in Wilmington, NC is the perfect person to answer that question.

Essentially, in Wilmington, the court decides which spouse gets alimony and how much they ought to receive. Different factors are taken into consideration, such as each person’s average earnings and even marital misconduct. Of course, marital misconduct can mean various things, depending on the state.

In North Carolina, it can be adultery or a history of abuse. Both of these things can influence the court’s decision on how much alimony the dependent spouse is entitled to. They also influence the amount that’s added for potential child support. Now, if both partners cheated, the judge might even deny alimony — or they may still appoint it, depending on the circumstances. And if the spouses forgave each other for their indiscretions, the court may disregard them entirely.

Affairs don’t affect how the court decides to split a couple’s property among them. However, if one partner put significant funds into their affair, the court may also consider the affair when dividing property. After all, the property might now include any expensive gifts or apartments the cheating spouse purchased for their lover.

In fact, if a person uncovered an affair while spying on their partner, they could also sue their spouse’s lover. In North Carolina, they can sue for the loss of affection in a marriage, mental anguish, humiliation, loss of financial support (after the couple splits), and health damages. If your spouse is experiencing physical consequences of stress because of your affair, they might sue their ex’s lover for the cost of the medical bills as well.


How Can You Protect Yourself If Your Partner Is Spying on You?

In today’s digital age, there are so many ways your partner could be keeping their eye on you. Other than physically following you (or hiring someone to follow you) or bugging you, they could also be watching you over Wi-Fi cameras, and checking your texts, emails, and social media accounts. If you no longer feel safe around your spouse and suspect that they may be spying on you, there are certain steps you can take to protect yourself.


As a top divorce lawyer in Wilmington, NC, Erin E. Russell will be able to advise you if you come in with any questions. However, there are some tips that are universally applicable. For example, it’s always good to be vigilant, but especially so if you believe that you’re being followed. Take note of everything around you, maybe even write down which cars you’re seeing. You can also write down license plates and check for discrepancies.


Implement some safety checks while you’re driving and always switch up your routine. If you’re seeing the same person or car slow down or speed up when you do, you may be in trouble. But nowadays, you should be much more careful around your electronic devices.

Computer and Phone Spying

Like we have mentioned, you need to understand how you can protect your digital life. If you suspect that your spouse has your email and social media passwords, change them. Make them complicated, use random numbers and letters. Most importantly, avoid obvious passwords your spouse could guess. Also, secure your personal computer and smartphone, and make sure that you’re not leaving your computer still logged into your accounts.

Once you’ve eliminated all of the easy ways for your spouse to keep track of you, they may use more complicated ones. You’ll want to keep track of the software on your computer and any new apps on your phone. This goes without saying, but don’t open strange emails that may seem like spam. You may accidentally download spyware. Keystroke logging programs, for example, will allow your spouse to see every letter you type. That may allow them access into every one of your accounts. And they’ll be able to see potentially incriminating correspondence.


Do You Need a Divorce Lawyer in Wilmington, NC?

If you’re already certain that your spouse is spying on you, you might be in need of the services of a divorce lawyer in Wilmington, NC. Fortunately, we can help. But before it gets to that, there are some other responses you could try if you’re not ready to let go of your marriage.

If your spouse is unjustifiably insecure, it may be good to just explain what’s been going on. Perhaps try to talk about the source of their insecurity. Or simply allow them access to your accounts. That way, they’ll be able to see for themselves that they don’t have a reason to worry. The same response is appropriate if your spouse is trying to make sure you’re maintaining your sobriety. However, couples counseling might be a good idea as well.

Finally, if your spouse is controlling or abusive, or simply looking for an advantage during the divorce proceedings and they won’t be reasoned with, your only option is to protect yourself. You could keep protecting yourself against spyware and switch up your routine to discourage following. Basically, you’d be trying to outlast your spouse and hope that they give up. However, if your spouse is persistent, it may be time to terminate the marriage.

This is an incredibly difficult decision to make, but it might be better in the long run. If you decide that your relationship isn’t worth holding on to, you’ll need the services of the best divorce lawyer in Wilmington, NC. Fortunately, you’ll find one in the Law Office of Erin E. Russell, where we’ll try to make your transition as easy as possible. And if you decide that your spouse has crossed the line, you could report them to the police and file a restraining order.

Request A Consult
March 24, 2025
A 529 Plan, which owes its name to Section 529 of the Internal Revenue Code, is a tax-advantaged savings account that is designed to be used for the education expenses of the beneficiary. It is very common that parents create such an account to save for their child’s college education. So, what happens to such an account when the parents decide to divorce? 529 Plans , like other savings and investment accounts, are property. As such, in North Carolina, 529 Plans are dealt with during equitable distribution proceedings. During such a proceeding, the court will classify the parties’ property as one of three categories – marital, divisible, and separate – and then distribute the marital and divisible property among the parties. Thus, the treatment of the 529 Plan will depend upon how the plan is classified. N.C. Gen. Stat. 50-20 defines marital, separate, and divisible property as follows: Marital Property : “all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property.” Separate Property : “all real and personal property acquired by a spouse before marriage or acquired by a spouse by devise, descent, or gift during the course of the marriage. However, property acquired by gift from the other spouse during the course of the marriage shall be considered separate property only if such an intention is stated in the conveyance. Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance. The increase in value of separate property and the income derived from separate property shall be considered separate property. All professional licenses and business licenses which would terminate on transfer shall be considered separate property.” Divisible Property : “all real and personal property as set forth below: All appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value which is the result of postseparation actions or activities of a spouse shall not be treated as divisible property. All property, property rights, or any portion thereof received after the date of separation but before the date of distribution that was acquired as a result of the efforts of either spouse during the marriage and before the date of separation, including, but not limited to, commissions, bonuses, and contractual rights. Passive income from marital property received after the date of separation, including, but not limited to, interest and dividends. Passive increases and passive decreases in marital debt and financing charges and interest related to marital debt.” Given these definitions, the classification and distribution of a 529 Plan will depend upon how and when it is created and funded. What is most important to note is that the court will not award the 529 Plan to the child, as the child is not a party to their parents’ divorce. Further, while the court may consider the purpose of the 529 Plan when making an “equitable” distribution of the parties’ property, the court will not totally disregard the value of the 529 Plan when distributing property among the parties simply because it is intended for the benefit of their child. However, the parties may take such considerations into account when negotiating a potential settlement between one another. If you are considering divorce or engaged in, or anticipate being engaged in, an equitable distribution proceeding, call our office today to schedule a consultation with an experienced family law attorney.
February 26, 2025
North Carolina is considered to be a “no-fault” divorce state, meaning that a couple need not show cause or some wrongdoing in order to obtain a divorce. However, marital misconduct does play a role with regard to the issue of alimony in North Carolina. In determining the amount, duration, and manner of payment of alimony, the Court must consider a variety of factors as laid out in N.C. Gen. Stat. § 50-16.3A(b). This statute lists 16 factors which the court will consider when determining the issue of alimony . One of the most often discussed and litigated of these factors is marital misconduct. N.C. Gen. Stat. § 50-16.1A defines marital misconduct as follows: ‘Marital misconduct’ means any of the following acts that occur during the marriage and prior to or on the date of separation: Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.20(4), voluntarily engaged in by a spouse with someone other than the other spouse; Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought; Abandonment of the other spouse; Malicious turning out-of-doors of the other spouse; Cruel or barbarous treatment endangering the life of the other spouse; Indignities rendering the condition of the other spouse intolerable and life burdensome; Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets; Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome; Willful failure to provide necessary subsistence according to one's means and condition so as to render the condition of the other spouse intolerable and life burdensome.
December 5, 2024
The holiday season is a time traditionally associated with joy, togetherness, and celebration. However, for families going through a divorce, it can also be a time of heightened stress and emotional challenges. Managing these stressors effectively can help everyone involved – especially children – navigate this season with as much peace and stability as possible. Here are some common holiday stressors families experience during a divorce and practical strategies to address them: 1. Financial Pressures Divorce often brings financial changes that can make the holidays feel especially strained. Gift-giving, travel, and hosting events can add up quickly. Solution: Set a Budget: Be realistic about what you can afford this year. Focus on creating meaningful experiences rather than overextending financially. Free/low-cost experiences could include going to a holiday parade, going for a walk downtown or a drive around town to view the holiday lights, or taking the kids to the local mall or a store to visit Santa (or even the Grinch at some locations, such as the Cotton Exchange). Communicate with Co-Parent: Discuss gift budgets and avoid competitive or extravagant gift-giving, as this can create tension or unrealistic expectations for the children. 2. Emotional Strain on Children Holidays can amplify a child’s sense of loss or confusion about their family dynamics, especially if traditions are changing. Solution: Prioritize Consistency: Whenever possible, maintain familiar traditions to provide a sense of stability. Introduce new traditions as a way to create positive memories in this new chapter. Open Communication: Reassure your children that it’s okay to express their feelings and let them know both parents are committed to making the holidays special for them. 3. Loneliness or Isolation For people going through a divorce, the first holiday following separation can feel especially lonely and isolating. It’s normal to grieve the loss of how things used to be. Solution: Lean on Support Systems: Spend time with friends, family, or community groups that provide comfort and connection. Focus on Self-Care: Use this time to rest, reflect, and engage in activities that bring you joy and relaxation. 4. Co-Parenting Tensions The holidays can sometimes exacerbate underlying tensions between co-parents, particularly if communication is strained or agreements are unclear. Solution: Keep Communication Businesslike: Focus on logistics rather than rehashing old conflicts. Tools like co-parenting apps, such as Our Family Wizard or Talking Parents, can help keep interactions clear and professional. Put the Children First: Decisions should always prioritize what’s best for the children, even if it requires compromise. 5. Managing Extended Family Expectations Extended family members may have their own opinions or pressures about how holidays “should” look, which can complicate matters further and exacerbate holiday stress. Solution: Set Boundaries: Be clear with family members about your plans and priorities. Gently but firmly remind them that the focus is on creating a positive experience for your immediate family and avoiding negative talk about the other party or your current situation. Include Supportive Relatives: If possible, involve family members who can help diffuse stress and provide stability during this transitional time. If you are going through a divorce this holiday season and need legal representation, please contact our office to set a consultation with one of our family law attorneys.
Child Custody Picture with two parents and and child in the middle
October 3, 2024
Navigating child custody arrangements can be one of the most challenging aspects of a separation or divorce. In North Carolina, the legal framework for child custody is designed to prioritize the best interests of the child, but understanding the different types of custody arrangements can be complex. This guide aims to shed light on the types of child custody in North Carolina, helping parents make informed decisions.
August 28, 2024
By: Ashley Pollard
July 19, 2024
Co-parenting is crucial to ensure that children continue to receive the love, support, and guidance they need from both parents despite the parents’ separation or divorce. By working together, parents can create a stable and nurturing environment that fosters the emotional and psychological well-being of their children. Effective co-parenting helps children adjust to change, reduces feelings of insecurity, and promotes healthy development. It also models positive conflict resolution and cooperation, providing a strong foundation for children’s future relationships. Ultimately, co-parenting prioritizes the best interests of the children, helping them thrive despite the family restructuring. Successful co-parenting after separation or divorce requires open communication, mutual respect, and a focus on the well-being of the parties’ children. To best ensure the success of a co-parenting relationship, it is crucial to keep discussions child-focused, and avoid negative talk about the other parent in front of the children. Flexibility and willingness to compromise are key, as well as seeking professional help if conflicts arise that cannot be resolved independently. Prioritizing the children’s emotional and physical needs will help ensure a positive co-parenting experience. Here is a list of ideas for potential resources that may help co-parents manage and support their children’s well-being while navigating the changing family structure:  Books for Children Age-appropriate books explaining separation and divorce Stories that help children understand and cope with their feelings Therapists and Counselors Child psychologists for children’s emotional and mental health Family therapists specializing in co-parenting dynamics Support Groups for Children Peer support groups for children of divorced parents In-person and online groups providing a safe space for children to share their experiences School counselors and social workers providing support and guidance Mobile Apps Apps designed to help children understand and manage their emotions Co-parenting apps with features to ensure both parents stay informed about their child’s activities and needs Books and Guides for Parents Manuals on how to support children through the transition Guides focusing on effective communication with children post-separation Guides focusing on effective communication with your child’s other parent Podcasts and Videos Podcasts offering advice on supporting children’s mental health during divorce YouTube channels with content aimed at helping children cope with family changes
Legal document with pen and stamp
By Russell Family Law & Litigation April 7, 2023
Even if both spouses have each other’s best interests at heart, the separation process is rarely smooth. To avoid conflicts, sign a separation agreement.
Father, daughter, and son playing soccer on the beach
By Russell Family Law & Litigation March 28, 2023
Although the parties can choose to settle the child support issue without consulting a lawyer, it’s usually advisable to seek an expert’s assistance to protect the child’s interests.
gray cat being petted on a bed by owner
By Russell Family Law & LIttigation February 23, 2023
Pet custody battles can get as heated as the ones for children, and even more so. That’s because the parties often have to come to an agreement on their own.
Woman handing a wedding right back to her ex husband over divorce papers
By Russell Family Law & Litigation January 26, 2023
Divorce rates decline during economic hardships. But why does a recession affect divorce at all? And what does it mean for cases where separation is inevitable?
More Posts