Marital Waste
Marital waste, sometimes called dissipation, happens when one spouse intentionally spends, gives away, or destroys marital assets for reasons unrelated to the marriage, often once a divorce is on the horizon. Examples include gambling away savings, spending heavily on an affair, or hiding money. In a Florida divorce, a judge can account for this misconduct by giving the wronged spouse a larger share when dividing marital property. Proving marital waste usually requires financial records showing where the money went.
Last updated June 21, 2026
Legal Definition
Marital waste (dissipation) is the intentional depletion of marital assets by one spouse for a non-marital purpose, typically after the marriage is breaking down, which a court may consider as a factor justifying an unequal equitable distribution under F.S. §61.075.
Example
She argued that her husband's casino losses were marital waste and asked the court for a larger share of the remaining assets.
Related Statutes
- 61.075
Related Terms
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