During a divorce, a spouse’s spending habits might become an even more contentious issue if he or she spent large sums of money from the marital assets to keep the other from receiving a fair part of the division. Due to the state’s equitable distribution law, the courts in Ohio will attempt to divide your property in a way that is fair to both parties. Juries will likely strive to strike a fair balance by giving you a higher share of the marital estate if it can be shown that your spouse frivolously spent money.

A judge may order you to pay back your losses, but only if it turns out that you spent a significant sum of money for no good reason. It would be a wasteful dissipation of assets if, for instance, your cheating spouse bought expensive presents for an extramarital partner. A judge is less likely to view your spouse’s extramarital affair as a wasteful dissipation of assets if he or she just spent a small amount on it, such as bringing the lover to the movies and buying lunch.

In the event that efforts to mediate a dispute outside of court are unsuccessful, you may consult with a divorce attorney in Columbus, Ohio about the various legal options.

EXAMPLES OF SIMILAR DISCUSSIONS

For the amount of money your husband spends to be labelled wasteful dissipation, it does not even need to be spent on a lover. A divorce settlement may need to account for various additional types of wasteful dissipation.

Extra instances of frivolous spending are provided below:

    • Undervaluation of assets sold
  • Compulsive or pathological gambling
  • Willful disregard for asset security
  • investing a significant sum of money in intoxicants
  • You may have trouble proving wasteful dissipation if you and your spouse have a history of tolerating similar behaviour. To be considered wasteful of marital assets, your spouse’s spending habits will need to be significantly out of the norm. 

Consider speaking with a lawyer if you have doubts about whether or not your spouse has frivolously spent money. If only a little amount of money is at stake, bringing this issue up in court may be more cost-effective. Consult a lawyer for advice on how to proceed.