What is marital waste and how would it effect the distribution of the marital property? Marital waste can occur when you or your spouse have improperly used, concealed, or transferred marital assets. Some misuses that could potentially be found as waste, but not always, include:
- Excessive expenditure without spouse’s knowledge or consent (binge shopping);
- Excessive gambling;
- Concealment of assets;
- Violating an order regarding property; and
- Devaluing a marital asset.
- It is possible when marital waste occurs to have the division of marital properties apportioned so as to compensate for the spouse’s waste.
It is best to consult with an attorney if you believe your spouse has committed waste and you are not already represented by an attorney. An attorney can help you properly recognize when waste has occurred and can provide you with your options in moving forward.