It is no secret that divorce can get a little messy and spouses might not
always play nice once they begin the process of dissolving their marriage,
especially when it comes to dividing assets. You might have even heard
of the term “wasteful dissipation,” but might not be too familiar
with what it means. Wasteful dissipation is usually defined as the intentional
wasting of marital funds by a spouse in anticipation of a divorce.
That said, there are other factors a court will consider when determining
if a spouse engaged in wasteful dissipation. For example, if a spouse
failed to protect certain assets, such as a home, this might also constitute
Further Defining Wasteful Dissipation
For a spouse’s financial decisions to be considered an act of wasteful
dissipation, a substantial amount of money would have to be involved.
If you try to argue over a few hundred dollars, you will be wasting your
time, money, and it is highly unlikely a judge will see things your way.
Additionally, a judge will examine some of the following elements when
determining if your spouse engaged in wasteful dissipation:
- Your spouse’s intent when spending the money
- If the purchase solely benefited your spouse
- If your spouse attempted to conceal the purchase
- When the act was committed
- If it was only considered wasteful in hindsight
- If the spouse failed to support the family due to the wasteful act
Examples of Wasteful Dissipation
Frivolous spending that only benefits one spouse is only one example of
wasteful dissipation. Wasteful dissipation can take on many forms, some
of which might not even involve spending marital assets.
Here are some other examples of wasteful dissipation:
- Purposely failing to preserve marital assets and not informing the spouse
- Wasting money on an extramarital affair
- Spending vast sums of money right before filing for divorce
- Excessive gambling
- Purchasing large quantities of recreational drugs and alcohol
If any of these examples sound familiar to you, you need an experienced
divorce attorney to raise this issue in court. Proving wasteful dissipation
can be difficult and is not something you should attempt to handle on
your own. If it is determined that your spouse wastefully dissipated assets,
you can obtain a larger share of marital assets to make up for the funds
that were lost.
Discuss Your Case with an Experienced Divorce Attorney
If you are going through the divorce process and you suspect your spouse
purposely wasted marital funds, you need a skilled divorce team on your
side to help you prove these allegations in court. At the Law Office of
Kathryn Marteeny, our team has more than three decades of collective experience in
Texas divorce. We can guide you through this challenging time to ensure your interests
are effectively protected.
Contact our esteemed legal team today at (713) 936-2300 to schedule an initial
case review with a trusted member of our legal team.