The divorce process can sometimes bring out the worst in people and, in some cases, a spouse might waste marital assets in anticipation of a split as a form of revenge. If you believe your spouse wasted marital funds, you will need an experienced family law attorney to prove this in court. However, if your spouse was always a reckless spender, you might not have a viable case in court.
Understanding Wasteful Dissipation
There are many ways in which a spouse can wastefully dissipate marital assets. However, if a marginal sum of money was involved, it is highly unlikely a judge will consider it wasteful dissipation. For example, if your spouse had an extramarital affair and spent an exorbitant amount of money on pricey gifts and hotel rooms, a judge would likely consider this wasteful dissipation. If your spouse took the lover out to a few small dinners or to see a movie, the amount spent would be so negligible that a judge would not consider it wasteful dissipation. Remember, family court cannot be used to exact vengeance on your spouse.
Here are some other examples of wasteful dissipation:
- Excessive gambling
- Spending large sums of money on partying, recreational drugs, and liquor
- Not protecting or preserving marital assets on purpose
- Any other extreme or frivolous spending that benefits only one spouse
If you can prove your spouse wastefully dissipated marital assets, you might receive a greater share of assets or property during the divorce process to make up for the assets your spouse wasted. As mentioned above, your spouse’s spending must be unusual for you to have a case. Even if your spouse’s spending was frivolous and did not benefit the marriage, you will not have a wasteful dissipation case if you are only objecting to this behavior now that the marriage is ending.
Generally, to uncover wasteful dissipation, you will need an attorney experienced in handling such matters who has access to important resources, such as financial accountants who can comb through your finances and flag anything that might seem suspect. Not all expenses on your credit card statements will alert your attention, especially since some businesses, such as strip clubs and bars, do not always have remarkable names. A forensic accountant will know exactly what to look for.
Discuss the Details of Your Case with an Experienced Divorce Attorney!
If you suspect your spouse wasted marital assets during your marriage, you must reach out to the family law team at Casey, Simmons & Bryant, PLLC for knowledgeable legal assistance. Our law firm is backed by more than three decades of collective legal experience and a track record for success, which we will use to help you achieve your goals. With us on your side, you can feel confident you will secure the best possible results for your divorce case.
Do not hesitate to obtain the skilled legal counsel you need. Call our law office today at (731) 256-0023 to set up a free initial case review with one of our trusted family law attorneys.
