Bitterness and resentment are not uncommon feelings between divorcing spouses. Sadly, these negative emotions often lead to irresponsible and sometimes irrational behavior, such as recklessly spending money.
One spouse may feel spiteful after the other files for divorce, and as a way to retaliate, they waste money to shrink the marital pool of assets. If you are going through this, here is what you need to know to protect your financial security.
What is wasteful dissipation?
Wasteful dissipation occurs when a spouse wastefully spends marital assets in anticipation of a divorce. This usually happens shortly after the other spouse files for divorce. Typically, the goal of the wasteful spouse is to reduce assets so the other person will get less after the separation.
Common examples of wasteful dissipation include:
- Excessive gambling
- Making irresponsible investments
- Spending a significant amount of money on an affair
- Giving assets away to family or friends
- Overspending on luxuries
If your spouse is guilty of one or more of these actions, it may not be enough to prove wasteful dissipation. The court will also look into other factors, such as their intent while spending the money, the effects of the spending on the family and if they attempted to hide their expenses.
Furthermore, frivolous spending throughout the marriage may not constitute wasteful dissipation. This is because it may show a pattern of behavior already present before you filed the divorce.
How can wasteful dissipation affect your divorce?
Texas is an equitable distribution state, which means family courts will divide marital property in the fairest way possible, but not necessarily equal. If your spouse committed wasteful dissipation, you may receive a larger share of the remaining marital property.
However, marital waste can be challenging to prove. You will need to provide extensive documentation, such as bank statements, receipts and credit card bills. There is also the challenge of getting your spouse to cooperate in producing these documents, which might require subpoenas.
Consulting a lawyer can help you navigate this difficult situation. An experienced family attorney can help you collect evidence of wasteful behavior and fight for your rights during divorce proceedings.