What Is Considered ‘Marital Waste’ In Nebraska Divorce Cases?
Posted By: William Finocchiaro
In this article, you will discover:
- The legal definition of marital waste in Nebraska.
- How to prove marital waste occurred.
- How to protect your assets when you suspect that marital waste has occurred.
What Is The Legal Definition of “Marital Waste” In Nebraska?
Marital waste is equated with what’s called the “dissipation of marital assets.” Dissipation of marital assets is generally defined as one spouse’s use of marital property for a selfish purpose unrelated to the marriage at the time when the marriage is undergoing an irretrievable breakdown.
Which Financial Behaviors Qualify As Marital Waste During A Divorce?
While not a complete or definitive list, marital waste can entail money spent on:
- An extramarital affair or relationship, including any related money spent on travel, gifts or credit card expenditures
- Gambling
- Drugs
- Alcohol
Any other use of marital property also qualifies as marital waste if it’s for a selfish purpose unrelated to the marriage.
Note that when making any claim for dissipation of marital property, it must have occurred at a time when the marriage is, in fact, undergoing an irretrievable breakdown.
How Can I Gather Evidence To Prove Marital Waste?
The discovery process is one means of gathering evidence, whereby your attorney will obtain information and documents from the other party during divorce proceedings. Subpoenas are another means of obtaining information directly from an entity, such as obtaining bank records directly from the bank as opposed to requesting them directly from your spouse. Both processes are means to obtain the necessary bank statements, credit card statements or any other records that may help prove marital waste.
Some cases of dissipation are going to be easier to identify and uncover than others. Your attorney can help determine the best plan to identify evidence that proves marital waste has occurred.
How Can I Protect My Assets If I Suspect My Spouse Of Marital Waste?
You should know what money is in your marital accounts. In other words, you need to understand the general complex and makeup of the marital estate to ensure there’s no inappropriate or excessive spending going on.
A claim of dissipation can be addressed at the time of trial in a divorce proceeding. If that claim is successfully proven, specifically that marital assets were dissipated by one spouse for purposes unrelated to the marriage, the remedy is to include those dissipated assets in the marital estate.
For example, if one spouse was found to have dissipated $50,000 of marital property or assets, that marital property or asset will be added back into the marital estate and attributed to the party who has committed the waste. For purposes of property division, even though the funds subject to the dissipation may be gone or spent, the claimant spouse effectively receives the benefit of their one-half share of that dissipated asset.
Case Study: A Client Struggled To Decide Whether To Pursue Claims Of Marital Waste
We had a client who suspected her husband spent a large amount of money on an extramarital relationship during the last difficult months of their marriage. At that time, she and her husband were contemplating divorce and going through marriage counseling.
The client very much wanted to avoid a highly-contested divorce. She hoped to reach an agreement outside of litigation, but her husband continued to deny allegations that any dissipation occurred. She was faced with the detriment and emotional toll of a contested trial about the extramarital affair and dissipation versus being in financial straits from the money wasted on the non-marital purpose.
This choice is always difficult because it’s hard to put a dollar value on someone’s emotional stressors and the detriment that may be caused to the family unit in the event of a contested trial. In this particular case, we were able to obtain records and evidence to definitively prove the dissipation claim and show that marital waste had occurred.
Ultimately, this led to a settlement agreement. The trial was avoided, and our client was able to receive her full marital share of the funds that were dissipated. Thankfully, in this instance, we were able to meet the client’s needs and get her a fair share of the marital property without her enduring the emotional toll of proceeding with litigation.
Still Have Questions? Ready To Get Started?
For more information on marital waste in Nebraska divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 260-8438 today.
