Why Do Some Spouses Dissipate Assets During a Divorce? 

 Posted on October 17, 2023 in Divorce

Divorce can be a financially grueling process. Unfortunately, some spouses resort to dissipating assets for one reason or another. Dissipation of assets refers to the intentional waste, depletion, or reckless spending of marital property during divorce proceedings. If you are getting divorced and believe your spouse is dissipating assets, contact a lawyer to ensure the unfair and unnecessary practice of dissipating assets is recognized and dealt with in a legally appropriate manner.

Financial Motives

In Illinois, one of the primary reasons spouses dissipate assets is for financial gain. By depleting marital funds or hiding assets, a spouse may seek to secure a larger share of the remaining assets during property division. This greedy act of self-interest can be driven by a desire to gain a financial advantage or to punish the other spouse. It is crucial to note that these actions are not only unethical but can also have serious legal consequences.

Emotional Motives

Divorce often brings out the worst emotions in people, such as anger, resentment, and betrayal. In some cases, a spouse may dissipate assets as an act of revenge or to prevent the other party from benefiting from the assets. They may hope to inflict emotional distress on their soon-to-be-ex-spouse by intentionally wasting or destroying marital property. However, it is important to remember that such actions can have serious legal repercussions and may harm the party engaging in the dissipation as well.

Strategic Motives

Some spouses dissipate assets as a strategic move to weaken the other party’s financial standing. By intentionally incurring debts or excessive expenses, they can burden the other spouse with financial liabilities or reduce the overall value of the marital property. This tactic aims to manipulate the outcome of property division or spousal support negotiations. Courts are usually vigilant in identifying these strategies and may impose penalties or adjust the distribution of assets accordingly. 

Legal Consequences 

Dissipation of assets is not only morally questionable but also legally prohibited in most jurisdictions. Courts have the authority to trace and recover dissipated assets or funds, adjust property division, and impose monetary sanctions on the offending spouse. It is crucial for spouses going through a divorce to consult with experienced legal professionals who can navigate these complex issues and ensure that their rights are protected.

Contact a Wheaton, IL Divorce Lawyer 

If you believe your spouse is dissipating assets, contact the skilled Warrenville, IL divorce attorney with Hensley Sendek Law. Call 630-358-9029 for a free consultation.