Home Legal ActionOnline Gambling’s Impact on US Divorces Highlights Legal Challenges

Online Gambling’s Impact on US Divorces Highlights Legal Challenges

by Sienna Marques
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Online Gambling’s Impact on US Divorces Highlights Legal Challenges

Civil courts in Indonesia have reported a troubling increase in divorce rates attributed to a rise in online gambling. The impact of betting addiction is also noticeable in the United States, according to a prominent family lawyer, Atty Bruggemann, who is a partner at the New York-based law firm Gallet Dreyer & Berkey. "I think we are seeing the same phenomenon in the United States," Bruggemann stated. While she doesn't claim that online gambling causes a significant percentage of American divorces, she emphasizes that it is becoming an increasingly important element contributing to marital breakdowns.

Though national data lacks sufficient evidence to establish a direct link between online gambling prevalence and divorce rates, Bruggemann indicates that online platforms have made gambling significantly easier to access. Her cautionary comments come soon after Jerome Adams, the former US Surgeon General, described sports betting as a "new opioid crisis."

In May, the National Council on Problem Gambling revealed that nearly a third of its helpline callers reported issues related to online and app-based gambling in 2022, marking a 23% increase from the previous year. Nearly 75% of those callers reported facing financial challenges.

"From a matrimonial lawyer’s perspective, accessibility is enormously significant," Bruggemann noted. Her concerns focus more on gambling patterns rather than individual bets. She highlights hidden accounts, repeated withdrawals, credit card debt, loans from family, unexplained transfers, and funds intended for crucial expenses being siphoned off into gambling platforms.

A systematic review published by BMC Psychology earlier this year analyzed 30 studies on gambling disorders, concluding that gambling addiction places significant strain on romantic partnerships, fosters distrust, and destabilizes families. "The research supports the broader connection between gambling disorder and marital instability," remarked Bruggemann.

Indonesian courts have pointed to online gambling as a factor that "destroys family finances," leading to the collapse of marriages. However, Bruggemann points out that, in the US, gambling is just one of several problems; it is often the combination of gambling and secrecy that truly damages relationships and results in financial decline.

Bruggemann explains that spouses might at first accept recreational gambling but can become intolerant upon discovering that savings have dwindled, credit cards are maxed out, and crucial bills have been ignored, all the while the gambling problem has been concealed for extended periods.

The divorce rate among married women in the U.S. peaked in the 1980s at around 20 per 1,000, but it has since fallen to approximately 14. Despite this decrease, societal disdain for spouses who gamble irresponsibly remains palpable, as reflected in conversations and critiques.

The rise of online gambling is creating new legal challenges, prompting Bruggemann to argue that the current U.S. legal system is ill-equipped to manage these complexities. "Gambling transactions can be fragmented across various platforms, making it difficult for spouses to ascertain where money is disappearing to. This underscores the necessity of forensic discovery," she explained.

The urgency of the issue can escalate quickly, especially when one spouse continues to gamble upon learning that divorce proceedings are forthcoming. In these situations, quick action is often required to protect marital assets and obtain financial records.

Bruggemann argues that the law has barely kept pace with technological advancements in gambling. Traditional methods of tracking financial misconduct need modernization to include the variety of transactions that now occur online. "The law was largely developed around scenarios involving checks and bank accounts," she said. "However, betting transactions now often appear under unfamiliar merchant names, complicating transparency."

To tackle these challenges, Bruggemann advocates for legal reforms that would enhance transparency from online gambling operators. She believes that if a spouse alleges significant gambling losses, lawyers deserve easier access to a reliable transaction history to support their case instead of enduring lengthy legal battles.

Additionally, there is a pressing need for uniform standards in the U.S. regarding financial disclosures related to gambling accounts and debts. Bruggemann points out that as gambling problems grow increasingly interstate and digital, family law processes remain largely state-dependent. She urges judges and matrimonial lawyers to educate themselves more about gambling disorders and the associated technologies, arguing, "Online gambling has changed the speed and scale of the problem. Matrimonial law must now adapt accordingly."

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