Question By: Proving intentional dissipation of assets in a divorce case can be challenging but not impossible. Intentional dissipation refers to the deliberate depletion or wastage of marital assets by one spouse with the intention of reducing the value of the marital estate that would be subject to division during divorce proceedings.
To prove intentional dissipation of assets, concrete evidence is crucial. This evidence may include financial records, bank statements, and transaction histories showing unusual or suspicious activity such as excessive spending, large cash withdrawals, transfers to undisclosed accounts, or extravagant purchases made close to the time of divorce proceedings.
Moreover, communication records such as emails, text messages, or written correspondence discussing the depletion of assets or extravagant spending habits can serve as valuable evidence. Witness testimony from financial experts, forensic accountants, or individuals privy to the dissipation can also strengthen the case.
Documentation showing a pattern of behavior, such as a sudden change in spending habits coinciding with the breakdown of the marriage, can bolster the argument for intentional dissipation.
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