My Spouse Is Spending Money Recklessly Ever Since I Asked For A Divorce. What Can I Do?
Yesterday I received a frantic phone call from a prospective client who wanted help because she had recently told her husband that she wanted a divorce. Since informing him of her decision to get a divorce, he has begun to recklessly spend their money as fast as he can. She wanted to know what she could do, what were her remedies, or if she could do anything.
Marital Waste
The situation this woman is describing is unfortunately not an uncommon reaction to news of divorce. In fact, it is identified and acknowledged as a legal offence in Nevada Family Courts. When one spouse uses community assets irresponsibly, for their own gain, or to be vindictive, this is called Marital Waste.
Community Property
To understand martial waste, one must be familiar with community property laws. Nevada is a community property state. What that means is that both spouses are entitled to 50% of the assets and the income that were acquired during that couple’s marriage. Therefore, when one spouse spends the community property in an irresponsible or in a vindictive way for their own benefit, such as, going on lavish shopping sprees, buying an expensive sports car, or spending money on an extra-marital affair, this is seen as squandering the marital assets and is considered marital waste.
Although marital waste can be a hard thing to prove in court, if the court does find that the marital assets were in fact wasted or misused by one spouse, it will distribute the marital assets in an equal manner to compensate the other spouse.
If you are in this situation, do not panic, and know that there are ways to protect yourself as well as be compensated for your spouse’s marital waste within the court system. To start, make sure to document and keep records of all martial assets, and any new assets that may be considered marital waste. Speak with an experienced Family Law attorney as early in the process as possible to ensure your assets are protected. To schedule a meeting with our team, contact our office at (702) 998-1188, info@ljlawlv.com, or schedule a consultation online.
For additional information on division of marital property, divorce, or any other Family Law topic, be sure to check out our Family Law Blog, podcast, and Family Law TV Playlist on Youtube.