Splitting assets is one of the biggest sore spots for spouses in a divorce. As an act of revenge or spite, one might choose to mismanage these assets and spend most of it to keep the other party from receiving their fair share. Generally referred to as “wasteful dissipation,” this type of behavior can profoundly impact the outcome of a divorce if proven in court. However, proving wasteful dissipation is often challenging and complicated, so you should seek legal representation from an attorney with experience in handling such cases.
An experienced attorney will have access to invaluable resources, such as forensic accountants, to successfully uncover expenses you may be unaware of and ultimately prove that your spouse wastefully dissipated marital assets.
Defining Wasteful Dissipation
There are numerous ways in which a spouse can wastefully dissipate assets. When determining if your spouse’s behavior qualifies as wasteful dissipation, a judge will examine several factors.
Some of these factors include:
- The wasteful spouse failed to support the family or household due to the spending
- The spouse’s intent when spending marital funds
- If the purchases solely benefited the spending spouse
- If the spouse concealed or tried to conceal the purchases
- If the purchases are only wasteful in retrospect
- The relationship between the amount spent and the financial status of both spouses
If your spouse was always wasteful during the marriage, it is unlikely a judge will consider this behavior wasteful dissipation. The spending must be out of the ordinary for your claim to stand in court. Additionally, the amount involved must be substantial. Minor purchases, such as a bouquet of flowers for a mistress, are not considered wasteful dissipation.
The following are common examples of wasteful dissipation:
- Purchasing excessive quantities of recreational drugs and alcohol
- Making a substantial purchase in anticipation of a divorce
- Using marital access for an extramarital affair
- Wasting marital assets on gambling
- Neglecting to protect marital assets on purpose
If your spouse wasteful dissipated marital assets and you can prove it in court, the judge will likely award you a greater share of assets or property to make up for it, ensuring you receive the marital assets you are entitled to. Of course, sometimes it is difficult to be certain if your spouse wasted assets, especially if you were not heavily involved in your household’s finances. That is why it is essential to hire a knowledgeable legal advocate.
Schedule a Consultation with a Skilled Divorce Attorney Today!
If you suspect your spouse wastefully dissipated assets, you need to seek the assistance of an experienced divorce attorney who will ensure you obtain the marital assets you deserve. At Cynthia Tracy, Attorney at Law, P.C., our legal team has what it takes to help clients navigate the most complex family law matters, including wasteful dissipation. When you choose to work with us, you will receive the compassionate and insightful advice and representation necessary to achieve your goals.
Protect your assets today and contact us at (281) 612-5443 to schedule a consultation and learn more about what we can do for you.