Understanding the Role of Marital Waste in Florida Divorce Cases

Introduction

During a divorce, Florida courts follow equitable distribution laws to divide marital assets and debts fairly. However, if one spouse has recklessly spent or mismanaged marital funds for their own benefit, the court may adjust the division of assets to account for what is known as marital waste or dissipation of assets.

Marital waste occurs when one spouse intentionally spends or disposes of marital assets for personal benefit, particularly in a way that harms the other spouse financially. This guide explains how Florida courts define marital waste, how it impacts property division, and what steps spouses can take to protect their financial interests.

What Is Considered Marital Waste in Florida?

Marital waste refers to the intentional misuse or depletion of marital assets, often to the detriment of the other spouse. Courts may consider spending to be wasteful if it serves no legitimate marital purpose. Common examples of marital waste include:

• Spending large sums on an extramarital affair, such as gifts, vacations, or hotel stays.
• Gambling away joint funds without the other spouse’s consent.
• Excessive shopping, luxury purchases, or reckless spending before or during the divorce process.
• Intentionally destroying marital property or valuable assets.
• Transferring money to friends or relatives to shield it from divorce proceedings.
• Racking up unnecessary debt on joint credit cards.

Marital waste is more than just spending habits that one spouse dislikes—it must involve intentional financial misconduct that negatively impacts marital assets.

How Florida Courts Determine Marital Waste

To prove marital waste, the spouse claiming financial misconduct must demonstrate that:

1. The funds or assets in question were part of the marital estate.
2. The spending occurred without the other spouse’s knowledge or consent.
3. The spending did not benefit the marriage or household.
4. The wasteful actions occurred during the marriage, especially near the time of separation.

Timing is a crucial factor. If a spouse starts making reckless financial decisions shortly before filing for divorce, courts may view it as an attempt to deplete assets before they can be divided.

How Marital Waste Affects Property Division

If a Florida court finds that one spouse engaged in marital waste, it may compensate the other spouse by adjusting the division of assets. Some possible outcomes include:

• Awarding the innocent spouse a greater share of marital assets to make up for the lost funds.
• Requiring the wasteful spouse to assume a larger portion of marital debt.
• Offsetting wasted assets against the wasteful spouse’s share of property.

For example, if a spouse gambled away $50,000 in joint savings, the court may award the other spouse an additional $50,000 from the remaining marital assets.

How to Prove Marital Waste in a Divorce Case

Proving marital waste requires solid evidence to demonstrate financial misconduct. Helpful evidence includes:

• Bank statements and credit card records showing unauthorized spending.
• Receipts and invoices for luxury purchases, hotel stays, or other questionable expenses.
• Witness testimony from financial advisors, accountants, or others who observed reckless spending.
• Emails, text messages, or social media posts that indicate financial deception or hidden transactions.

A forensic accountant may also be useful in tracing hidden or wasted assets, especially in high-net-worth divorces.

Defenses Against Allegations of Marital Waste

If one spouse is accused of marital waste, they may argue:

• The spending was for legitimate marital purposes, such as household expenses or medical bills.
• The other spouse knew about and approved the spending before it occurred.
• The alleged wasteful spending occurred after separation, meaning it was no longer part of marital assets.
• There was no intent to harm the other spouse financially, making the spending reasonable rather than wasteful.

Providing financial records and testimony from witnesses can help disprove claims of wasteful spending.

What to Do If You Suspect Your Spouse Is Wasting Marital Assets

If you believe your spouse is intentionally depleting marital assets before or during the divorce process, take these steps:

1. Monitor financial accounts – Keep track of bank statements, credit card activity, and investment accounts.
2. Document suspicious transactions – Save receipts, invoices, and financial records that show reckless spending.
3. Freeze joint accounts if necessary – If allowed by law, protect assets by restricting withdrawals from joint bank accounts.
4. Consult a family law attorney – An attorney can help file a legal request to prevent further financial misconduct.

Taking early action can help prevent further financial losses and strengthen your case in court.

How a Family Law Attorney Can Help

An experienced family law attorney can assist by:

• Investigating claims of marital waste and gathering financial evidence.
• Working with forensic accountants to trace hidden assets or unauthorized spending.
• Filing motions to prevent a spouse from disposing of assets during the divorce.
• Arguing for a fair property division that accounts for financial misconduct.

At Bonderud Law, we help clients protect their financial interests in divorce cases involving marital waste. If you suspect your spouse is recklessly spending or hiding assets, contact us today for a free consultation.

Conclusion

Marital waste can significantly impact the outcome of a Florida divorce, particularly when one spouse misuses marital assets for personal gain. Courts take financial misconduct seriously and may adjust asset distribution to compensate the other spouse.

If you are involved in a divorce and believe your spouse has wasted marital funds, gathering financial evidence and consulting with an attorney can help ensure a fair division of assets.