What is Considered Wasteful Dissipation in a Divorce?

During a divorce, spouses often do everything they can to protect their assets and property, fearful that they may lose more than they can bear. In some cases, a spouse may resort to spending marital assets in anticipation of a divorce. It is also possible that, during the marriage, a spouse may have spent marital assets in a manner that may be considered wasteful dissipation, which can impact the outcome of a divorce settlement.

The Impact of Wasteful Dissipation

Wasting or concealing marital assets to prevent a spouse from receiving a fair share during the divorce process can have a major impact on property division. However, you must first prove that wasteful dissipation took place, which can be quite a challenge. Family courts will not penalize a spouse for being a little careless with spending, especially if this behavior is not out of the ordinary. Your spouse’s spending habits must be unusual and the amount must be substantial.

Below is a list of some examples of wasteful dissipation:

  • Spending marital assets on an extramarital affair
  • Extreme gambling
  • Spending marital assets on alcohol or recreational drugs
  • Failing to protect or preserve marital assets

If your divorce attorney can prove that your spouse wasted marital assets, it will likely have a profound impact on your divorce settlement. To make up for the loss of marital assets your spouse spent, a judge may award you a greater share of marital assets in your divorce settlement. Moreover, keep in mind that even if your spouse spent money on an extramarital affair, it will not be considered wasteful dissipation if the amount spent was minimal. For example, if your spouse only took a date out to dinner or to see a movie on a few occasions, this is likely not enough to be deemed wasteful dissipation in family court. However, if your spouse conducted the affair in pricey hotel rooms or while away on an exotic vacation, you may have a case.

Set Up a Case Evaluation with a Knowledgeable Family Law Attorney!

If your spouse wasted marital assets or attempted to conceal them, you will need an experienced attorney to prove this in court to ensure you receive your fair share of assets. At Nelson, Taylor & Associates PLLC, our family law team can provide the exceptional legal representation you need to secure the best results.

Reach out to our law office today at (801) 901-7046 to request a consultation with a member of our team.