Marital Waste
The intentional dissipation or destruction of marital assets by one spouse, often in anticipation of divorce.
Understanding Marital Waste
Marital waste (also called dissipation) occurs when a spouse deliberately depletes marital assets for non-marital purposes, such as spending lavishly on an affair, gambling, making extravagant gifts, or destroying property out of spite. Courts can compensate the innocent spouse by awarding them a larger share of the remaining assets. To prove waste, the accusing spouse must typically show the spending occurred after the marriage began breaking down and did not benefit the family. Documentation such as bank records and credit card statements is crucial evidence.
Real-World Examples
The court found he committed marital waste by spending $50,000 on trips with his girlfriend and awarded her an extra $25,000 in the settlement.
Related Terms
The legal process of dividing marital assets and debts between spouses during divorce.
Separate PropertyAssets or debts that belong to one spouse individually and are generally not subject to division in divorce.
Discovery AbuseImproper conduct during the discovery process, such as hiding documents, providing false information, or making excessive requests to harass the other party.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.