Are you starting to notice strange purchases or unusual transactions from your spouse during your divorce? Watching your bank account drain while juggling the stress of separation isn’t just part of the process – it could be considered wasteful dissipation, a tactic that’s unfortunately all too common in divorces.
The good news? Virginia law is on your side. Wasteful dissipation claims are designed to protect you and help recover what’s rightfully yours. At Virginia Family Law, we’ve spent over two decades helping spouses like you prove and stand up against financial misconduct. Let’s explore what you’re noticing, determine if it’s wasteful dissipation, and help you take back control.
What Is Wasteful Dissipation in Virginia?
Wasteful dissipation occurs when one spouse deliberately wastes, hides, or destroys marital assets during the breakdown of a marriage. Virginia courts take this behavior seriously because it violates the fundamental duty spouses owe each other regarding shared property.
For the court to find wasteful dissipation, your spouse must have:
- Deliberately spent, concealed, destroyed, or disposed of marital property
- Done so in anticipation of divorce or separation
- Used the assets for purposes unrelated to the marriage
- Acted with the intent to deprive you of your fair share
The timing matters significantly; this wasteful behavior must occur when your marriage was already deteriorating or divorce seemed likely.
Common Examples of Wasteful Dissipation
Affair-Related Spending
Lavish dinners, expensive jewelry, weekend getaways, and hotel stays with someone outside your marriage all constitute dissipation. These expenditures benefit the affair partner while depleting assets that should be divided between you and your spouse.
Addiction and Reckless Behavior
Gambling away retirement funds, spending thousands on drugs or alcohol, or making impulsive luxury purchases during emotional breakdowns can all qualify as wasteful dissipation.
Hiding or Transferring Assets
“Lending” money to family members, opening secret accounts, or suddenly selling valuable items for far below market value are classic red flags that suggest your spouse is trying to hide assets from the divorce process.
Excessive Purchases
Buying expensive cars, jewelry, electronics, or other luxury items that don’t benefit the household, especially when done to spite you or reduce available assets, often constitutes dissipation.
What Doesn’t Count as Wasteful Dissipation?
Virginia law recognizes that some expenses are legitimate, even during divorce proceedings. Reasonable living expenses like rent, groceries, and car payments don’t constitute dissipation. Attorney fees, court costs, and other divorce-related expenses are also permitted.
Understanding these boundaries helps you focus your energy on genuine dissipation claims rather than fighting over every normal household expense.
How Can You Prove Your Spouse Is Wasting Assets?
Building a strong dissipation case starts with documentation. Gather bank statements, credit card bills, and digital payment records from apps like Venmo or CashApp. These financial records create a paper trail that reveals unusual spending patterns.
Your attorney can help subpoena additional financial records if your spouse isn’t being transparent during discovery. Witness testimony from friends, family, or even private investigators can also strengthen your case by providing context about your spouse’s motivations and behavior.
Start collecting evidence as soon as you suspect dissipation; waiting can make it harder to recover important documents and witness memories.
Consequences for Wasteful Dissipation
When Virginia courts find that dissipation occurred, they have several tools to restore fairness. Judges can award you a larger portion of the remaining marital assets to compensate for what was wasted or award you spousal support. They may also assign a monetary value to the dissipated assets and credit that amount to you during property division.
In egregious cases, courts may impose additional penalties for bad-faith behavior, sending a clear message that such conduct won’t be tolerated.
Stand Up for Your Financial Future
Discovering financial betrayal during an already difficult divorce can be heartbreaking, but you have legal remedies available. Virginia Family Law has decades of experience helping clients uncover hidden assets and hold spouses accountable for the wasteful dissipation of assets.
Don’t let financial misconduct rob you of the fair settlement you deserve. Contact us for a confidential consultation where we’ll review your situation and explain your options for protecting your financial future.
