Can Someone Sue A Spouse For Theft in Florida?

Last updated: April 2026.

Human relationships are complex, and conflicts within a marriage can sometimes escalate into serious legal disputes. In some situations, one spouse may believe the other has wrongfully taken money or property—raising the question: can you sue a spouse for theft?

Under current law in Florida, the answer is yes—but it depends heavily on the circumstances.

Importantly, Florida is not a community property state. Instead, it follows an equitable distribution system, meaning marital assets are divided fairly (not necessarily equally) during divorce. This distinction plays a major role in whether taking property is considered theft or part of a civil dispute.

Why Financial Disputes in Marriage Are Legally Complicated?

What makes these situations so complex is that marriage blends two financial lives into one. Over time, income, property, and assets often become intertwined, making it difficult to distinguish between what belongs to one spouse versus both.

For example, if one spouse withdraws money from a shared bank account, the other may feel wronged or even betrayed. But legally, that money is typically considered marital property. Because of this shared ownership, courts are often reluctant to treat those actions as theft.

At the same time, not everything in a marriage is jointly owned. Some assets remain separate, and taking those without permission can raise very different legal issues.

What About Interspousal Immunity?

Historically, many states followed the doctrine of interspousal immunity, which treated spouses as one legal entity and prevented one spouse from suing the other.

Today, that doctrine has largely been abolished—including in Florida.

This means one spouse can sue the other for wrongful conduct during the marriage. Courts now recognize a variety of marital torts, including:

Defamation
Intentional infliction of emotional distress
Physical assault or battery
Marital rape
Infection of a sexually transmitted illness
Depletion of marital assets

While theft does not make this list in name, depletion of marital assets could be a cause for bringing a case against a spouse. Emotional distress might also be a consideration.

However, precedent in Florida law requires a court to handle a tort of the dissipation of assets in conjunction with a divorce. If the situation involves a third party, a separate case may be necessary.

When Does Taking a Spouse’s Property Become Theft?

This is where things become more nuanced under Florida law.

In many marriages, assets are considered either:

Marital property (shared), or
Non-marital property (owned individually)

For a situation to rise to the level of criminal theft, the law generally requires more than just a disagreement over money. There must be proof that one spouse intentionally took property that clearly belonged to the other, with the goal of permanently depriving them of it.

That standard can be difficult to meet in the context of a marriage, where ownership is often blurred. This is why many cases that initially feel like theft are ultimately handled in civil court instead of criminal court.

Still, there are situations where the line is crossed. For instance, if one spouse secretly takes funds from an inheritance account that was never shared, or transfers individually owned assets without permission, those facts may support a more serious legal claim.

It may not be treated as theft when:

The property is considered marital, even if only one spouse physically possessed it
The issue is better handled as asset division in divorce court

In many cases, what feels like “theft” is legally treated as dissipation of assets, which is addressed during divorce rather than through criminal prosecution.

What About Spousal Privilege?

Some people have the misconception that a spouse cannot testify against another in court. Florida statutes permit a spouse that privilege, but a person may waive that right. Additionally, no privilege exists when the proceeding arises from one spouse against the other or the charges involve criminal actions of one mate against the other.

Circumstances can permit someone to sue a spouse for charges that relate to theft. Plaintiffs must understand the rules to have a valid case.

Frequently Asked Questions (FAQ)

Can you sue a spouse for theft in Florida?

Yes, but it depends on the situation. If the property is separate (non-marital) and taken with intent to deprive, it may qualify as theft. Otherwise, it may be handled in divorce court.

Is Florida a community property state?

No. Florida uses equitable distribution, meaning assets are divided fairly—not automatically 50/50.

What is the dissipation of marital assets?

Dissipation occurs when one spouse wastes, hides, or improperly spends marital assets, especially before or during divorce.

Can a spouse press criminal charges for theft?

A spouse can report the conduct, but only the state decides whether to file criminal charges based on evidence and intent.

Can my spouse testify against me?

In many cases, yes—especially if the case involves disputes between spouses or alleged crimes.

When should I contact a Sarasota criminal defense attorney?

Immediately. Whether you are facing accusations or considering legal action, early advice can protect your rights and influence the outcome.

Talk to a Sarasota Criminal Defense Attorney

If you’re dealing with a situation where a spouse has taken money or property, it’s important to understand that the legal system may not view it the same way you do.

These cases often fall into a gray area between family law and criminal law, and the distinction can have lasting consequences for your finances, your record, and your future.

An experienced Sarasota criminal defense attorney can help you evaluate the situation, determine whether you have a valid claim, and guide you through the best course of action based on your specific circumstances.

The sooner you get clarity, the better positioned you’ll be to protect your rights.

Contact our office by calling (941) 299-0701 today to schedule a confidential consultation and get straightforward answers about your next steps.