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When does dissipation occur in a marriage?

On Behalf of | Nov 17, 2022 | High Asset Divorce

If you are contemplating getting a divorce in New Jersey, you might want to consider whether your spouse is guilty of dissipation. You may have a legal right to claim that your spouse irresponsibly spent money when they first learned of your intention to file for a divorce. If your spouse suddenly purchased a new car, went on an extended vacation alone or spent money in other excessive ways, you may want to file a dissipation claim.

Is your marriage irretrievably broken?

Knowing when the marriage became broken beyond any hope of repair may help you if you think your spouse is guilty of dissipation. Proper division of money plays a significant role during a high asset divorce. Your spouse can even accuse you of dissipating funds if you start buying expensive clothes, jewelry and other luxury items after a divorce is in the works.

Proving dissipation is not an easy task

Marriage involves sharing assets as a couple. Proving dissipation is easier if the marriage no longer exists in reality. If your spouse gambles away your joint assets, you may have a dissipation claim provided that you are both living separate lives. For instance, you never participate in any joint activities and live as though you are both single individuals rather than a married couple.

Old habits may not indicate dissipation

If your spouse spent excessive money traveling alone during your marriage, proving dissipation based on their current excessive travels may prove difficult. A judge may want to know whether your spouse developed a new love for travel. If this is not the case, you may find it difficult to prove the dissipation of joint assets.