Wasteful Dissipation of Marital Assets in Nevada
When couples are going through the process of getting a divorce, there is often anger and resentment between them. This anger and resentment can often arise when one spouse is being financially irresponsible and spending money as a way to punish the other spouse. Courts view this as marital waste.
When one of the spouses either spends for their sole benefit or spends community assets, they are committing marital waste.
The following are some examples of marital waste:
- Using credit cards excessively on non-essential items
- Giving large amounts of money to family members or friends
- Selling a community-property asset for less than its fair market value or without getting approval from the other spouse
- Spending money on an extramarital affair
- Spending money on gambling, prostitution, or drugs
- Unreasonable spending that only benefits one souse such as extravagant vacations or spending sprees
Nevada is a community property state. That means that everything that is earned while the couple is married is viewed as being owned equally by the two parties. During a divorce, the court will seek to equally divide the assets between the two parties. When there is marital waste, equally dividing the property may be changed.
If you suspect that marital waste is being committed by your spouse, be aware that it can be very hard to prove a marital waste claim. It is not sufficient for you to just disagree with the spending habits of your spouse. There must be great significance to the alleged spending. You must be able to prove that the spouse accused of marital waste has done it deliberately with the intent to deprive their spouse of their fair share of the assets.
If you considering getting a divorce and want to discuss your situation with an expert in detail, please contact our office to talk with one of our experienced family law attorneys. You can schedule a consultation online, email us at email@example.com, or call (702) 383-0090.
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