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What Is Dissipation of Assets?

Quick definition

When one spouse wastes marital funds for non-marital purposes during or before divorce.

Dissipation of assets occurs when one spouse uses marital funds for purposes unrelated to the marriage, typically during the breakdown of the marriage or after separation. Common examples include spending large amounts on an extramarital affair, gambling losses, excessive gifts to a new partner, or intentionally destroying marital property. When a court finds that dissipation occurred, it may credit the innocent spouse's share of the marital estate to compensate for the wasted funds. The spouse alleging dissipation generally bears the burden of showing that the spending occurred during the breakdown of the marriage and was not for a legitimate marital purpose. The accused spouse must then show that the spending was appropriate. Dissipation claims can be a significant factor in property division.

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This definition is for general educational purposes only and does not constitute legal or financial advice. Laws vary by state and change frequently. Consult a qualified professional for guidance specific to your situation.

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