Florida Divorce Law: What Constitutes Dissipation of Marital Property

Dissipation is when one party has committed some type of marital waste or misconduct, resulting in the depletion of the marital estate. Misconduct may serve as a basis for assigning the asset to the spending spouse. However, when one spouse depletes an asset during a divorce proceeding to pay for support, living expenses, and litigation expenses, it is an error to include the asset in the equitable distribution scheme in the absence of misconduct. 

Dissipation Due to Adultery

The typical circumstance in which we see dissipation is based on an adulterous affair. Even though Florida is a no-fault jurisdiction, the court can consider any waste expended on an adulterous affair. 

Mismanagement of funds during marriage, however, is not considered evidence of marital misconduct. Dissipation is defined as when one spouse uses marital funds for their own benefit and for purposes unrelated to the marriage, particularly when the marriage is undergoing an irreconcilable breakdown. 

If you would like more information regarding your particular situation, please do not hesitate to contact us. You can schedule a complimentary consultation with one of our Florida divorce lawyers, and we can provide you with more insight into the process. It is important that you understand this information before you make an informed decision to hire an attorney.

Speak With a Florida Divorce Lawyer Today

The Florida divorce lawyers at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.