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