| Dissipation of property during a marriage can be a | | | | dissipation. Dissipation can also consist of failing to |
| hotly contested issue in a divorce action. Often, one | | | | maintain property. A spouse's failure to make |
| party feels that a portion of his or her property has | | | | mortgage payments and prevent foreclosure in a |
| been exhausted for no good reason. Dissipation | | | | family home, which results in loss of equity therein, |
| arises when property is improperly used for the sole | | | | can constitute dissipation. Failing to pay income tax |
| benefit of one spouse, for a purpose unrelated to | | | | liability, resulting in interest and penalties, constitutes |
| the marriage, at a time when the marriage is | | | | dissipation. |
| undergoing an irreconcilable breakdown. Once a prima | | | | Dissipation should be confined to the situation where |
| facie case of dissipation is made, the party charged | | | | value is lost to the marital or non-marital estate |
| with dissipation must establish by clear and convincing | | | | resulting in the sole benefit to one spouse for a |
| evidence how the funds were spent. Once it is | | | | purpose unrelated to the marriage during marriage |
| established that one party has liquidated marital | | | | breakdown. The timing of the alleged dissipation is an |
| assets, the party charged with dissipation must | | | | important consideration. Determining the instant when |
| establish by clear and specific evidence how the | | | | the marriage becomes irrevocably broken down can |
| funds were spent. | | | | be difficult. The court may charge a spouse who |
| What specific acts constitute dissipation? Generally, | | | | dissipated assets the amount dissipated against his or |
| expenditures held to constitute dissipation are | | | | her share of marital property in order to compensate |
| extraordinary expenses that clearly do not further | | | | the other party, but an award of cash or property |
| common marital interests. For example, gambling | | | | equal to half of the amount dissipated is not |
| losses are patently dissipation. The payment of legal | | | | mandated. |
| fees from marital assets has been considered | | | | It is always best for parties to maintain the status |
| dissipation. However, less than extraordinary | | | | quo as to spending and selling while dissolving their |
| expenses have been found to constitute dissipation. | | | | marriage. If this is done, neither party will be able to |
| For instance, living expenses of one party after the | | | | make a claim for dissipation. Further, the overall |
| marriage's irreconcilable breakdown were held in one | | | | settlement resolution process will be easier to |
| case to constitute dissipation. "The expenditure of | | | | traverse. When one party believes that he or she is |
| marital funds by one spouse for necessary, | | | | being taken advantage of, the divorce process often |
| appropriate and legitimate living expenses at a time | | | | stalls. It is wise to consult with an experienced |
| the marriage is undergoing an irreconcilable | | | | divorce or family law attorney prior to excessive |
| breakdown will not be considered to be dissipation. | | | | spending or unnecessary liquidation of marital |
| Dissipation is not limited to financial issues. Wife's | | | | property. |
| destruction of family photographs constituted | | | | |