Fait & DiLima is open for business and available to you by telephone, email, Zoom and other remote platforms for consultations, as well as emergencies.

Property Division

What is Wasteful Dissipation in a Divorce?

A major point of contention for couples in the middle of a divorce is property division. In some cases, these disputes can get incredibly ugly, especially when one spouse attempts to waste marital assets in anticipation of the divorce or intentionally fails to protect certain assets. These are only two examples of wasteful dissipation, however, so continue reading to learn more about it and how it may potentially impact the outcome of your divorce.

Understanding Wasteful Dissipation

Wasteful dissipation is a very serious matter in a divorce, but it is also very difficult to prove without the assistance of an experienced divorce attorney. Moreover, the amount in question must be substantial and the behavior must be unusual. If your spouse was always reckless with marital funds and you are only now deciding to be critical of this behavior in lieu of your divorce, a judge may not see eye-to-eye with you on this matter, and it may be even more challenging to prove.

Below are some other factors a judge will consider when assessing if your spouse wasted marital assets:

  • The intent of your spouse
  • If your spouse’s purchases benefited the rest of the family
  • If your spouse tried to hide the spending
  • If your spouse neglected to support the family because of the spending
  • The relationship between the wasted assets and the overall financial well-being of both spouses

Additionally, these are some examples of wasteful dissipation:

  • Excessive spending on recreational drugs and alcohol
  • Extreme gambling
  • Using marital assets on an extramarital affair
  • Making a significant purchase before filing for divorce

If a judge determines that your spouse wasted marital assets, you will likely be awarded a larger share of marital assets to make up for the loss and ensure you receive a fair share of marital assets and property.

Speak to an Experienced Family Law Attorney About Your Divorce Today!

Divorce is often difficult to cope with, particularly when the process gets notably hostile and acrimonious. If your spouse wasted marital assets, do not hesitate to reach out to the divorce team at Fait & DiLima, LLP to protect your interests. Our family law attorneys have more than 50 years of combined experience, so you can feel confident in our ability to represent you and achieve your goals.

Reach out to our law office today at (301) 888-6384 to set up a case review with one of our attorneys to discuss your case and find out what we can do to protect your marital assets.