In a divorce, the division of assets and property is often one of the most heavily contested issues. It can be hard to part with what you believe to be rightfully yours and, unfortunately, this leads some spouses to spend large quantities of marital funds or mismanage their shared finances. If you do engage in this behavior, however, your spouse can accuse you of wastefully dissipating assets, which can have some serious consequences.
If you really want to protect your assets, hire an experienced divorce attorney to help you obtain the best possible settlement. Otherwise, taking these extreme measures will only cost you more in the long run.
How Easy is it to Prove Wasteful Dissipation in Court?
If you think your spouse was irresponsibly spending money in anticipation of your divorce, you might believe this is enough to accuse him or her of wasteful dissipation. However, unless the amount of money your spouse spent was substantial, your claim might not get very far in court. For example, you might be a little angry about your spouse spending too much money on nice clothes or on buying a little gift for a lover, but unless those clothes or that gift were worth thousands of dollars, your claim might not have a lot to stand on.
Moreover, for you to have a wasteful dissipation claim, there are other factors the court will consider, including:
- Your spouse’s intent when spending marital funds
- If your spouse attempted to conceal the spending
- The goods or services purchased was only intended for the spouse who spent the marital funds
- When the marital funds were spent
If your attorney is able to prove wasteful dissipation in court, this would impact property and asset division. To make up for the number of marital funds your spouse spent, the court likely would award you a larger share.
Below are some of the most common forms of wasteful dissipation:
- Gambling with a substantial amount of marital funds
- Buying illegal drugs or vast quantities of alcohol
- Spending an excessive amount of money on a lover
- Purposely not preserving marital assets
- Making a large purpose right before filing for divorce
To ensure you obtain your share of marital assets, hire an experienced divorce attorney to help prove your spouse wastefully dissipated marital assets.
Speak to One of the Experienced Divorce Attorneys at Myers Family Law Today!
Do you suspect your spouse wastefully dissipated marital funds on the heels of your divorce? You are still entitled to your fair share of assets, but you will need a skilled legal advocate on your side to ensure your success. At Myers Family Law, our team of divorce attorneys has the knowledge to help you obtain the share of marital assets you deserve. Backed by over 25 years of experience, you can trust our team’s ability to effectively assist you throughout the divorce process while protecting your interests.
Begin your divorce case today and reach out to our law office at (916) 634-0067 to speak with one of our attorneys and learn more about what we can do to protect your assets and property.