What Constitutes Marital Waste?

Ask a Lawyer


Can you give a general description of marital waste?


Waste can be a difficult claim to prove. Waste tends to mean the loss, expenditure and/or destruction of community property through one party’s intentional misconduct, sufficient to justify an unequal division of the community property.

Gambling losses can be marital waste, but so can gifts to extramarital partners, giving funds to friends or family members to “hide” them and other types of misconduct intended to reduce a community asset.

Courts may look at whether the use of the property benefited the marriage or was for a marital purpose, as well as look at the timing of the transaction in relation to the divorce. Whether the party intended to hide or destroy the asset is also an important factor.

Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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