What is Wasteful Dissipation?
When a person mismanages money and assets in such a way that he or she spends everything and the other spouse gets nothing, this is called wasteful dissipation. There are plenty of ways in which a spouse could easily spend all the money he or she has so that the other party gets nothing.
One of the downsides of a divorce is having to split assets. This may be a sore spot for a person who has a significant amount of money, houses, cars, or other assets that the other spouse will want in a divorce. In an attempt to ensure that the other spouse does not get ahold of these treasured assets, the person may go to great lengths to spend the money or dispose of the assets.
Statistically, this tends to happen when the husband has the higher income. How does one go about wasting all this money? He can spend it on a girlfriend. He could gamble it away. He could go on a spending spree. He might spend it partying with friends. He will do what he can, with the goal of not letting his wife get her fair share.
This is not fair to the wife, however. She may have given up her job (and income) to stay home and care for the children. In a divorce, she may not have access to any money of her own. If you think wasteful dissipation is happening in your marriage, what can you do?
Proving Wasteful Dissipation
To prove wasteful dissipation, there are a few things you can do. The first step is to look at your credit card statements and identify every expenditure. If you see unknown expenses, they may be from your spouse.
Hiring a forensic accountant may be a good idea. This type of person works as a financial detective to uncover any secret expenses your spouse may be making.
Making a Claim
Making a claim for wasteful dissipation is not easy. To make a convincing claim, the following elements must be in place:
The amount must be substantial.
A box of chocolates or flowers for a girlfriend will not be enough for a claim. You need proof that your spouse bought something more substantial, such as a vacation, jewelry, or a vehicle
The spending must be unusual.
If you allowed your husband to buy cars during the marriage and are suddenly mad that he bought another one, your claim will not stand up in court. You need proof that the spending was out of the ordinary.
Contact a Divorce Lawyer Today
Throwing money away is not something anybody wants to do, but it does happen in divorces when there is spite, revenge, and anger involved. If you think wasteful dissipation is happening in your divorce, you need proof.
Getting proof of wasteful dissipation is not easy. Seek help from Brooklyn divorce attorney Theodore Alatsas ESQ. He can help you make sure you get your fair share of assets in a divorce. Learn more about your options by calling (718) 233-2903 to schedule a consultation.