Can Extramarital Spending Impact Asset Division in Divorce?

Question from Bob, Can Extramarital Spending Impact Asset Division in Divorce?

Answer from AI:

When a marriage ends, the court’s job is to divide the property that belongs to both spouses. In the United States this is done under either community‑property rules (a few states) or equitable‑distribution rules (the majority). Both systems look at how the marital assets were used, and many courts will consider spending that was wasteful or that involved an affair.

How Courts View “Wasteful” Spending

Most states allow a judge to treat money that was spent on an extramarital relationship as dissipation of marital assets. Dissipation means the spouse used community or marital money in a way that does not benefit the marriage and that cannot be recovered. When a judge finds dissipation, the offending spouse may receive a smaller share of the remaining assets.

Typical factors a court examines include:

• Amount and nature of the spending – a single vacation may be treated differently from ongoing, large‑scale expenditures.
• Whether the spending was hidden – secret accounts or attempts to conceal the expense can weigh against the spender.
• Impact on the marital estate – if the spending reduced retirement savings, the family home, or other assets, the court is more likely to adjust the division.
• Intent – purposeful use of marital funds to support an affair is viewed more harshly than an occasional, unplanned expense.

Community‑Property vs. Equitable‑Distribution States

Practical Steps If You’re Facing Divorce

1. Gather evidence – receipts, credit‑card statements, bank records showing the Disney trip or other expenditures.
2. Document the impact – note how the spending reduced savings, retirement accounts, or the ability to purchase a home.
3. File a petition for dissipation – many states allow a specific request that the court consider wasteful spending when dividing assets.
4. Consider a forensic accountant – they can trace the flow of money and quantify the loss to the marital estate.

When Legal Advice Is Essential

Because the rules differ by state and judges have considerable discretion, a local family‑law attorney can:

• Explain how your state treats dissipation of marital assets.
• Help you gather and present the necessary financial evidence.
• Advise on whether you can seek a spousal support adjustment based on the misconduct.

Important: This overview is general information and not a substitute for personalized legal counsel.

Helpful Resources

• Uniform Marriage and Divorce Act – a model law many states have adopted, which discusses dissipation of marital assets.
• American Bar Association – Family Law Section – provides state‑by‑state summaries of divorce property rules.

If you suspect that your husband’s spending on other women has depleted the marital estate, consulting a licensed attorney in your state promptly will give you the best chance to protect your interests during the division of assets.