The Intentional Dissipation Of Marital Assets As A Factor In A Maryland Divorce

In some cases, a spouse can be accused of intentionally dissipating marital assets or, in other words, spending money from the marital estate on things that are intentionally wasteful. When this happens, the court can consider the intentional dissipation of marital assets when dividing assets or awarding alimony. If you believe your spouse has intentionally dissipated marital assets, you should talk to a skilled Maryland divorce lawyer immediately. In this article, Schlaich & Thompson will discuss various ways that the marital estate can be dissipated by a spouse.

What is the intentional dissipation of marital assets?

Strictly speaking, dissipated assets are those spent by one spouse during the marriage that removed the assets from the marital estate. The intentional dissipation of marital assets occurs when one spouse wastes, sells, or spends marital assets in a manner that reduces what the other party receives in the divorce. In some cases, this is intentional and done merely to be vindictive. In other cases, the spouse was having an affair or had a gambling problem.

When one spouse successfully proves that the other has dissipated assets from the marital estate, the court will consider the dissipated assets as if they still exist and assign a value to it. Some examples of dissipating the marital estate include:

A spouse spends a considerable amount of money on an extramarital affair

A spouse spends a considerable amount of money on a vacation upon being served with divorce papers

A spouse begins making expensive purchases for a third party

A spouse transfers money from a joint account

A spouse spends a considerable amount of money on sports betting

The spouse loses a considerable amount of money on a bad investment

Filing a claim for intentional dissipation of marital assets

If you believe that your spouse has intentionally dissipated marital assets, you ensure that your lawyer is aware of the matter. You will need to prove that marital funds were spent on items unrelated to the family. You will also need to establish that the money was spent purposefully to lower the overall value of assets available for distribution during the divorce. A family court judge will review the accusations and consider when the money was spent, whether the spending was hidden, and the amount of money involved.

The spouse accused of dissipating the marital estate can argue that they spent the money for appropriate reasons, or that the assets they dissipated would not have been available for equitable distribution during the divorce.

If you believe that your spouse is intentionally dissipating the marital estate, you should discuss the matter with your Maryland family lawyer as soon as possible. When dividing the marital estate, a judge will consider the dissipation of assets and favor the spouse who is making the claim.

Talk to a Maryland Divorce Lawyer Today

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are seeking to divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your case right away.