Divorce has a tendency to bring out the darkest parts in people and, in some cases, spouses may attempt to waste or conceal marital assets to keep them off the chopping block. Proving that your spouse wastefully dissipated assets can be a complicated task, however, so if you believe your spouse engaged in this kind of behavior, you must hire an attorney with experience in handling such cases.
The Effect of Wasteful Dissipation on a Divorce
Generally, in order for a spouse’s spending habits to be deemed wasteful dissipation, the amount in question must be substantial. Moreover, the behavior must be out of the ordinary. If your spouse was always a reckless spender throughout the marriage, it is unlikely a judge will consider it a case of wasteful dissipation. The spending must also have solely benefitted the wasteful spouse. If your spouse spent marital funds on an expensive TV that the family used, this would not be an example of wasteful dissipation.
Here are are some examples of wasteful dissipation:
- Your spouse gambled excessively with marital funds
- Your spouse wasted marital assets on an affair
- Your spouse purchased vast quantities of recreational drugs and alcohol
- Your spouse purposefully neglected to preserve marital assets
If your spouse wasted marital funds on an extramarital affair, the amount involved would have to be significant. Spending money on a few casual dates will likely not pass for wasteful dissipation. On the other hand, if your spouse conducted the affair in expensive hotel rooms and fancy restaurants, resulting in thousands of dollars’ worth of bills, a judge may consider it wasteful dissipation.
If you can establish that your spouse wasted marital funds in anticipation of a divorce, a judge may award you a greater share of marital assets to make up for the assets your spouse wasted.
Get Started on Your Divorce Case by Reaching Out to Our Family Law Team Today!
If you are getting a divorce and believe your spouse wasted marital assets, you should not hesitate to retain skilled legal counsel to ensure you receive your fair share of marital assets. At the Law Office of Alexandra White, PC, our family law team is committed to helping clients navigate some of the most challenging legal matters, so they can pursue a better, brighter future. You do not have to go through this on your own.
Call our legal team today at (303) 647-4245 to arrange a consultation with one of our knowledgeable divorce attorneys and learn more about what we can do for you.