If your spouse does not want to properly divide marital assets with you, there are a few tactics they may use. We have already discussed how they could try to hide assets. For instance, if your spouse has overseas bank accounts, they could transfer marital funds into those accounts and then fail to disclose them to the court.
Another tactic to watch out for is often referred to as the dissipation of marital assets. Your spouse likely has the same goal of keeping some of the assets from you, but the way they go about it is much different.
Changes to spending habits
What you want to watch for is if your spouse’s spending habits change significantly. Divorce can take months and sometimes up to a year, so it’s natural that both of you have to spend some money during that time. However, if there are significant changes in spending, it could indicate some type of fraud.
Essentially, dissipation means wasting marital assets, often through frivolous spending. For example, say that you and your spouse have a joint bank account with $100,000 in it. The two of you should likely split it, giving you both roughly $50,000.
In the months before the divorce, however, your spouse may begin recklessly spending that money on entertainment, expensive meals, trips or even dates with a new romantic partner. By the time you start working on your property division agreement, they’ve drained the account down to zero — effectively depriving you of the $50,000 that you deserve. They haven’t hidden the assets, but they’ve intentionally squandered them to prevent you from receiving your share.
If you believe your spouse is dissipating or hiding marital assets, it’s important to understand what legal steps you can take. This could make your divorce more complex and potentially contentious, but you have options to address the situation and protect your rights and financial future.