Florida law divides marital assets equitably, but that only works if both spouses play fair. When one party starts wasting marital assets before or during a divorce, it may be legally actionable. The term for it is “dissipation of assets,” and Florida courts take it seriously.
Misusing or destroying marital property unfairly can deplete what the other spouse is entitled to receive, which goes against the principle of equitable distribution. Courts expect marital assets to be preserved in the lead-up to and during divorce — not drained, hidden or used as a personal slush fund.
How Florida courts assess claims of asset dissipation
Dissipation doesn’t include normal financial behavior. Courts generally don’t penalize routine household expenses, reasonable childcare or living costs or spending consistent with past marital habits. Making a poor investment also may not rise to the level of dissipation.
Judges look at when the spending occurred, whether it was related to the marriage or purely personal and the intent. Deliberate or reckless choices that harm the marital estate in anticipation of divorce may amount to dissipation. Examples include:
- Excessive gambling with joint funds
- Gifting or transferring marital assets to third parties
- Destroying or neglecting property out of spite
- Running up credit card debt on personal luxuries
Remember, the spouse alleging dissipation must usually prove it happened. This means presenting detailed financial records and other relevant evidence. Judges may order adjustments to the division of marital assets to account for the dissipation.
Act fast to protect your interests
If you suspect that your soon-to-be ex is wasting or hiding marital assets, early action is critical. Reaching out for qualified legal guidance can help you take control before the situation escalates and the damage becomes harder to undo.
