Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Sara Pitcher

Cordell & Cordell Divorce Lawyer

Spending on a significant other or third party that was unknown to the spouse is a common example of dissipation of assets.

Dissipation as it relates to spending on alcohol, drugs, gambling, or similar items or activities is much more difficult to prove and have successfully set aside than proving spending on an affair.

By Sara Pitcher

Cordell & Cordell Divorce Lawyer

Dissipation is defined by the Black’s Law Dictionary as: "The use of an asset for an illegal or inequitable purpose, such as a spouse’s use of community property for personal benefit when a divorce is imminent."

Some jurisdictions automatically impose a temporary restraining order on finances, which prohibit dissipating, selling, transferring, encumbering, or wasting of marital assets during the pendency of the divorce.

This restriction allows the parties to spend money or manage their property as necessary. However, it prohibits the wasting, destruction, or getting rid of marital property without the approval of the other party.

Question:

I'm a medical student and frequently hear that if you are married during medical school and residency training, then your spouse is entitled to half of your future income even after divorce.

I have even heard that even if you cohabit during medical school and training, then your partner can potentially sue and have the living situation ruled as a de facto marriage, with the aforementioned splitting of salary resulting.

Is there any legal precedent for a ruling like this?

Question:

My wife has been giving money to her relatives and buying them gifts without my knowledge or consent. She is spending our joint money as she pleases.

Can these costs be included as part of the final settlement? If not, can I give money to my relatives as well without being held accountable for these funds in the divorce proceedings?

Question:

There is a home I would like to purchase since with our looming divorce it is expected my ex-wife will receive the marital home.

If I buy this home now, will become part of the divorce settlement?

If my wife doesn't know about the purchase, will her divorce attorney be able to uncover my ownership of the property during the divorce?