Examples of "Waste" Claims

Our Richmond divorce and family law attorneys can help you prove wasteful dissipation has occurred, and we will fight for your best interests in your case. Contact DeFazio Bal to learn more about how we can help or schedule a case evaluation.

Find out how marital property (and debt) is divided in an Arizona divorce case.

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How to Stop Your Spouse from Wasting Your Marital Money

What is 'Wasteful Dissipation' of Marital Assets? Trying to help your kids come to terms with your divorce?

Arizona Property Division Court Considerations Table

Filing for divorce: Financial issues to keep in mind Proving a parent unfit in a Virginia child custody case. Email Us For A Response. Contact Information Name. It may be that your spouse did it just to spite you, with no intention of ever seeing the money again. The more likely scenario is that Uncle Zeke returns the money to your spouse as soon as the divorce is over, and the friend pays back the "loan"—to your spouse, not you—around the same time.

Mesa AZ | Dissipation of Assets

Either way, it's wrong. If you suspect your spouse is preparing to hide or transfer assets—or has already done so—you should speak with a divorce attorney, and get into court as quickly as possible.

There are various avenues available for seeking the court's assistance, but if divorce is already a foregone conclusion, more often than not your attorney will simply file the divorce petition also called a "complaint". If there's a good reason to believe your spouse is about to hide or transfer assets, your attorney can also ask a judge to freeze certain property, like bank accounts. In fact, in some states like California, the divorce petition and summons contain automatic restraining orders preventing spouses from transferring marital assets without each other's consent.

Once the asset freeze is in place, you and your spouse are prohibited from wasting or dissipating money, property, or accounts. However, the court will entertain reasonable requests to use marital funds for items like normal household expenses, childcare costs, and attorney's fees. If the court finds that your spouse wasted assets, a judge can award you a greater portion of the remaining property at the end of the divorce, in an amount that will make up the difference. Having to deal with a vindictive spouse, who is intent on making your life miserable by hiding money is nerve-racking at best.


Marital Waste Claims Must be Substantial | Men's Divorce

If you find yourself in this situation, you should speak with an experienced divorce lawyer right away. Skip to Main Content. By Joseph Pandolfi , Retired Judge. Learn what you can do if your spouse makes an unauthorized loan to family or friends. Who Owns What in the Marriage? Unloading Property in Anticipation of Divorce There's a concept in divorce law known as "dissipation of assets. What Recourse Do You Have?