When spouses get divorced, they get introduced to a whole host of new legal terminology as they wade through the process. One term you might have heard is “wasteful dissipation,” which is essentially the purposeful spending of marital assets in anticipation of a divorce. It can also include frivolous spending that only benefits the wasteful spouse. If you pursue a wasteful dissipation case against your soon-to-be former spouse, you might receive a greater share of assets and property in your settlement to make up for your spouse’s actions.
Determining What Constitutes Wasteful Dissipation
The court does not have an absolute definition for wasteful dissipation, but there are several factors a judge will consider when determining if a spouse’s actions constitute wasteful dissipation.
Here are some factors the court will consider:
- If the spouse failed to support his or her family due to wasteful spending
- The intent of the spouse when spending the money
- If the purchases only benefited the wasteful spouse
- If the wasteful spouse attempted to conceal the spending
- If the spending is only wasteful in hindsight
- The relationship between the waste and the overall financial status of both spouses
If your spouse has always been wasteful and you are only objecting to it now because you are filing for a divorce or wish to obtain a larger portion of the marital assets, a judge will not support your allegations of wasteful dissipation. Additionally, if your spouse wasted only a small sum of money, it is unlikely a judge will consider this wasteful dissipation. A substantial amount of marital assets must be involved for your case to be successful. Otherwise, you will end up wasting time and resources.
Examples of Wasteful Dissipation
There are several ways in which a spouse can wastefully dissipate marital assets.
Here are some of the most common examples:
- Excessive gambling
- Buying vast quantities of alcohol and recreational drugs
- Spending assets on an extramarital affair
- Making a large purchase prior to filing for a divorce
- Purposefully failing to preserve marital assets, such as allowing the marital home to go into foreclosure
Proving wasteful dissipation can be challenging, so it is crucial to hire experienced legal representation to effectively handle this matter. If successful, this could have a significant impact on your divorce settlement.
Discuss Your Case with a Top-Rated Divorce Attorney Today!
If you suspect your spouse wastefully dissipated assets, these allegations are difficult to prove in court and will require the assistance of a fierce legal advocate. At K. Dean Kantaras, P.A., our divorce team is backed by nearly 25 years of experience and a history of proven success in helping clients navigate the most complex and sensitive legal matters. You can trust our team’s ability to ensure your interests are protected and your goals are achieved.
Contactour law office today at (727) 939-6113 to schedule an initial consultation and discuss the details of your case with a trusted member of our legal team.