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Many mariages fall apart due to an extramarital affair by one of the spouses, or when one of the spouses has been irresponsible with the couple’s finances. These are usually the circumstances in which “dissipation” is alleged (and often proven) to have happened. Dissipation is a legal term. It usually applies to scenarios in which marital assets (e.g., cash, credit, property) were wrongfully used, often:
(a)in the form of gifts to a spouse’s lover (such as jewelry, rent, vacations, clothing, etc.), or
(b) when a spouse spends a significant amount of money on something or someone that is not related to the marriage, without the other spouse’s knowledge or consent. Gambling, investments, and uncontrolled spending are common examples.
A Divorce Judge May “Correct” the Dissipation
Dissipation can have rather far-reaching effects on the financial settlement of a divorce. If the dissipation occurred without the consent of the other spouse and it happened after the marriage had become irretrievably broken, the divorce judge may order the spouse who was guilty of dissipation to repay the money or the value of the property to the marriage’s estate.
Consult a Divorce Attorney about Dissipation
If you suspect that your spouse is dissipating marital assets, or if you have other questions about divorce and marital property, contact an experienced divorce lawyer in your area today.