Define: Dissipation

Dissipation refers to the intentional wasting or squandering of marital assets by one spouse during the divorce process.

Dissipation can impact the division of assets as it may be considered when determining each spouse’s share of the marital estate. The dissipated assets may be excluded from the division or offset against the other spouse’s share.

Actions such as excessive spending, gambling, giving away assets, or selling assets at significantly reduced prices without a valid reason can be considered dissipation.

To prove dissipation, you will need to gather evidence such as bank statements, credit card statements, receipts, or witness testimonies that demonstrate the wasteful or reckless behavior of your spouse.

Yes, dissipation can occur both during the marriage and after the divorce process has begun. However, it is generally more common for dissipation to occur during the marriage.

Yes, even if the assets were spent on legitimate expenses, dissipation can still be considered if it was done in an excessive or wasteful manner, beyond what is considered reasonable.

Yes, if you are accused of dissipation, you can present evidence to show that the spending was necessary or reasonable under the circumstances, and not wasteful.

Yes, dissipation can be considered when determining the appropriate amount of child support or spousal support. If one spouse has dissipated assets, it may affect their ability to pay support.

In some cases, the court may order the dissipating spouse to reimburse the other spouse for the wasted assets or adjust the division of assets to compensate for the dissipation.

Yes, it is highly recommended to consult with an experienced family law attorney if you suspect dissipation. They can guide you through the legal process, help gather evidence, and protect your rights and interests.