Can You Charge Your Partner for the Detective Fees Needed for Your Divorce?
If you’re considering ending your marriage, you likely want to negotiate the terms of your divorce as favorably as possible. To do this, you might want to expose the infidelity you’ve long suspected and pursue compensation or the termination of the affair from your spouse and their partner. However, in divorce mediation or litigation, the acceptable proof of infidelity typically needs to be so solid that gathering it yourself can be extremely difficult. That’s where hiring a private detective or investigation agency can come in, as they can provide the evidence and documentation you need. But what about the costs of their services—can you charge these detective fees to your spouse? Let’s break down whether you can pass those costs on to the other party.
What Counts as Acceptable Evidence in Divorce Proceedings?
First, let’s clarify the kind of evidence of infidelity that holds up in mediation or court. Whether you submit the evidence yourself or have an attorney do it on your behalf, is simply saying, “I saw them meeting another woman” enough? Unfortunately, just your word isn’t considered strong evidence.
Examples of evidence that generally do NOT hold up in court:
- Data that can easily be altered (e.g., screenshots or photos of a phone screen)
- Evidence obtained through illegal means
- Proof only of going out with someone of the opposite sex (without concrete proof of an affair)
Even if you’re certain you “saw it” or “heard it,” such claims usually don’t count as legally persuasive evidence. Worse yet, if the evidence was gathered illegally, it can not only fail to help your case but potentially harm it.
Pay special attention to potentially manipulated data like screenshots. In high-profile celebrity scandals, private message exchanges are sometimes leaked, but since these can be fabricated or tampered with, they don’t carry much weight in a legal setting.
Examples of evidence that generally DO hold up:
- Credit card statements and receipts
- Photographs and audio recordings
- Investigation reports produced by a private detective or agency
Infidelity involves repeated acts of unfaithfulness. For example, if credit card statements or receipts show that your spouse repeatedly stayed in the same hotel or made purchases near the area where their lover lives, it can serve as evidence. Photos and audio recordings can also be compelling. Pictures of your spouse entering and then later leaving a hotel with someone else, or clearly identifiable images capturing them during acts of infidelity, can be strong evidence.
When you hire a detective or agency, they can produce an “investigation report.” This report typically includes tamper-proof materials such as recorded audio, clear photographs, and detailed timelines of your spouse’s actions. There are many actual cases where such reports have been recognized as evidence in divorce trials.
How Much Do Detective Services Cost?
After understanding what counts as valid evidence, you might worry that you don’t have the time or skill to gather it yourself. So how much does hiring a private detective or investigation agency typically cost?
The price varies based on the complexity of the investigation and the equipment required. For infidelity investigations, the average cost often ranges from around ¥300,000 to ¥800,000 (approximately $2,000 to $6,000), though this can vary widely depending on the agency. In challenging cases that span an extended period, costs can exceed ¥1,000,000 (about $7,000 or more). Since these fees are not trivial, it’s best to consult with a reputable detective or agency, request an estimate, and ensure you trust them. Some agencies offer free phone or email consultations, so it’s worth reaching out to find one that suits you.
Can You Charge Detective Fees to Your Spouse?
Detective fees can be quite high. Can you make your unfaithful spouse pay for them? In short, it is possible—but only if the court recognizes them as damages.
Filing a claim for damages means you’re arguing that you incurred financial losses because of the other party’s harmful actions—in this case, their infidelity. To have a chance at recovering these costs, you need to establish in court that the affair caused the divorce and, as a result, forced you to hire a detective.
If, for example, the marriage was already broken before the affair, or if the evidence you gathered yourself was sufficient to prove the infidelity, then hiring a detective wouldn’t have been necessary. Under such circumstances, a judge might reject your claim for reimbursement. Even if the claim is accepted, the full amount might not be granted; it’s not uncommon for the court to award only partial compensation.
That said, you can also pursue “慰謝料” (emotional distress damages) from both your spouse and their lover. Some people successfully recoup their investigative costs this way.
How Much Can You Get in Emotional Distress Damages from the Other Party?
Emotional distress damages (慰謝料) can be sought from both the cheating spouse and their lover as compensation for the psychological pain caused by the affair. There are no fixed standards for this compensation, so amounts can range widely, from around ¥300,000 to ¥3,000,000 (approximately $2,000 to $20,000).
In general, larger sums are awarded when the affair leads directly to divorce or separation. If you choose to continue the marriage, the courts often consider the psychological burden to be lower, resulting in less compensation—often under ¥1,000,000. Keep in mind that these figures are often outcomes of court decisions. If you settle through mediation or negotiation, the amount might be lower.
Additionally, the amount can depend on the other party’s financial situation. If they have a low income, you can’t expect an exorbitant payout. This is why identifying the occupation and estimated income of the other party can be key. Knowing who the lover is can influence the amount you reasonably demand as compensation.
Conclusion
While detective fees can be significant, it’s not impossible to recoup some or all of these costs from the other party, either as damages or through emotional distress compensation. However, this requires collecting strong evidence that will hold up in court and demonstrating that the affair caused the divorce. If you plan to seek damages from the lover as well, you’ll need information about them, too.
If your goal is to expose the infidelity and secure a favorable outcome in a divorce proceeding, consider hiring a professional to compile a robust investigation report. By doing so, you stand a better chance of presenting credible evidence and potentially recovering some of the costs involved.
