The attorneys at GillespieShields practice family, employment, civil, criminal, and immigration law.
What is ‘Marital Waste’?
Marital waste occurs when one spouse intentionally wastes or squanders community funds or assets or when they spend lavishly for their own benefit in the hopes of depriving their spouse of those assets. This typically occurs after the marriage has already started to fall apart.
How Can I Prove ‘Marital Waste’ From My Spouse?
Due to the fact that Arizona is a community property state giving each party equal ownership of all property without regard to marital misconduct, it is somewhat difficult to identify and prove marital waste.
Arizona does have Revised Statutes governing a divorce that allows the Court to consider several factors in the equal division of marital property, and these include the following:
- Property destruction by a spouse
- Property ownership concealed from a spouse
- Unusual, and/or excessive spending by a spouse prior to the divorce
- Disposing of property with the intent to defraud the other spouse
- Disposing of joint tenancy property with the intent to defraud the other spouse
- Gambling excessively with the intent to defraud the other spouse
- Making major purchases with the intent of defrauding the other spouse
If marital waste is proven, the offending spouse may be ordered to provide compensation to the other for their fraudulent conduct.
It’s important to keep in mind that marital waste is not based upon bad behavior, or poor choices, but the deliberate intention of defrauding the other party when a divorce is imminent.
We Can Answer Your Divorce and Prenuptial Agreement Questions
Contact the family law experts at GillespieShields to discuss your concerns regarding filing for divorce and misconduct by your spouse in the disposal of community property that may constitute marital waste. Our team has the knowledge and experience concerning marital waste, and the ability to determine if your spouse is attempting to illegally dispose of property to prevent you from receiving what is rightfully yours.
Call us at 602-870-9700 (Phoenix) or 480-985-4000 (Mesa) or contact us to request a consultation today.
The information contained on this site is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice concerning your individual situation. We welcome you to contact us via phone, electronic mail, or through this website. However, contacting us does not create an attorney-client relationship. Please do not send us confidential information until such time as an attorney-client relationship is established.