Divorce is more than just a process of untangling emotional ties. It’s a financial restructuring that shapes your present and future. Wasteful dissipation is an aspect of divorce that can often remain in the shadows, but it can significantly affect the financial outcome of divorce.
What Is Wasteful Dissipation in Divorce?
Wasteful dissipation is a legal concept used in divorce proceedings to determine if one spouse has misappropriated marital assets. When a spouse spends money recklessly, purposefully withholds funds that are rightfully shared, or misuses funds in a way that's not in the family's best interest, it can be considered wasteful dissipation.
The critical distinction here is that wasteful dissipation doesn't refer to ordinary, reasonable spending—even if it's high. Instead, it's about spending that's done in bad faith or without the other spouse's knowledge or consent. In many cases, wasteful dissipation occurs as a means to harm the other spouse’s financial outlook after divorce.
How Does Wasteful Dissipation Affect Divorce?
Wasteful dissipation of assets can profoundly impact the financial aspects of a divorce by reducing the assets available for equitable distribution. Although spouses in California are each entitled to a 50% stake in marital assets, reducing the overall “pot” can more adversely affect the financially disadvantaged spouse.
If the courts determine wasteful dissipation occurred, it can result in a judgment in which the spouse responsible for dissipation must pay spousal support to compensate the other spouse for the loss.
What Are the Signs of Wasteful Dissipation?
Detecting wasteful dissipation can be tricky, as it often involves financial behaviors that are hidden or deceptive.
Here are some common signs:
- Large, unexplained credit card charges or withdrawals
- A sudden increase in spending on non-utilities, non-housing, or non-food expenses
- Spending on a new romantic partner
- Losses from gambling or excessive investment in high-risk ventures
- Spending on non-marital or non-family-related expenditures
- Overseas transfers or hidden accounts
If you notice any of these signs or otherwise suspect your spouse is dissipating marital assets, consult with an experienced divorce lawyer. A legal professional can help you address your concerns and take the necessary steps to investigate them.
What Should I Do If I Suspect Wasteful Dissipation Occurred?
- Gather evidence: The first step is to gather as much evidence as possible to support your claim. This may include bank statements, credit card bills, and any other financial records that show questionable spending.
- Consult with a divorce attorney: An attorney experienced in divorce cases can advise you on the best course of action. They can help you understand your rights and the legal processes involved in proving wasteful dissipation.
- Consider a forensic accountant: In cases where dissipation of assets is suspected, a forensic accountant can help trace the money and provide expert testimony in court.
- Document the impact: Keep detailed records of how the wasteful dissipation has affected your financial situation. This may be crucial in alimony, child support, or asset distribution negotiations.
- Take legal action: If you have sufficient evidence, you can file a claim of wasteful dissipation with the court. The court will then decide how to factor this into the divorce settlement.
Contact Us for Legal Assistance
The impact of wasteful dissipation in divorce can be significant. Understanding what it is, how to identify it, and what to do about it can help you protect your financial interests during a challenging time. Remember that transparency and preparation are your best assets when navigating the complexities of divorce and financial settlements.
The Arnold Law Group, APC, can assist clients with any child involved with divorce, including wasteful dissipation. Untangling your financial life from your spouse’s is an important part of the divorce process, and it’s one upon which wasteful dissipation can have a profound impact.
For the comprehensive legal support you need during your divorce, contact Arnold Law Group, APC.