One of the things that can complicate a divorce and drag on the legal proceedings
is property division. Not only can arguing couples disagree over who gets
what during the divorce, but one spouse might be responsible for causing
financial difficulties during the marriage, possibly even leading to the
separation. If a spouse wastefully spends marital money or conceals assets
in anticipation of divorce, this is known as
While the behavior can occur just before a divorce, wasteful dissipation
means making expenditures in a foolish and careless manner. Examples of
wasteful dissipation include the following:
- Excessive gambling
- Excessive shopping
- Spending excessive money on drugs, alcohol, or parties
- Spending excessive money on an extramarital affair
- Intentionally failing to preserve assets
When this occurs, often it is for the sole benefit of one of the spouses.
The court will make a determination of whether or not a behavior can be
construed as wasteful. However, if the court does rule against one spouse,
the other spouse is likely to benefit more in the divorce proceedings. During
asset division, the court typically rules on how property should be divided equitably,
if not exactly equally. Equitable division means if a spouse was unfair
with spending marital property during the marriage, he or she might end
up owing more to the other spouse during the divorce to make up for it.
In some cases, a partner can seek the court’s help to stop a spouse’s
wasteful dissipation before the losses become too high. A
financial restraining order (or mutual restraining order) can be issued immediately by the court with sufficient evidence. This can
prevent a spouse from spending excessively prior to the divorce or creating
new accounts and transferring marital funds into a secret stash. If a
judge issues an order that freezes assets, it can work in different ways.
For example, some orders allow each spouse to spend only a certain amount
of money each month from the couple’s earnings. Other rulings prevent
spouses from making unnecessary purchases, such as buying/selling property or cars.
If you think your spouse has spent excessive amounts of money, contact
Birmingham divorce attorney today. The Badalucco Firm can help you determine whether or not there
is sufficient evidence to claim your spouse has wastefully dissipated
your marital funds. Our skilled attorney understands how difficult the
divorce process can be, so we do everything in our power to help smooth
Let us assist you through property division,
child custody discussions, and any other divorce concerns related to your case. Andrea
Badalucco has more than a decade of courtroom experience to offer. If
you need a driven attorney to represent you in negotiations or in court,
look no further. Our firm provides sophisticated and effective solutions.
Additionally, we are available to the people we help on weekends and after hours.
Contact us at (248) 467-8208 or fill out our online form to schedule your free 30-minute
case consultation today.