You notice your spouse spending money recklessly as your marriage falls apart. Large withdrawals appear on bank statements for unexplained purposes. Expensive purchases show up that serve no family need. This behavior might qualify as wasteful dissipation, which Ohio courts take seriously when dividing marital property.
What wasteful dissipation looks like
Dissipation happens when one spouse intentionally wastes or destroys marital assets during the marriage breakdown or divorce process. Ohio is an equitable distribution state, meaning courts must divide assets fairly. As such, they look out for patterns of wasteful behavior:
- Affair-related spending: Your spouse spends marital funds on gifts, trips or living expenses for a romantic partner outside the marriage.
- Excessive gambling: Your spouse loses significant amounts of money at casinos or through sports betting without any history of such activity during the marriage.
- Reckless purchases: Your spouse buys luxury items, vehicles or other expensive goods that serve no legitimate family purpose right before or during divorce proceedings.
- Business losses: Your spouse makes risky business investments or deliberately runs a marital business into the ground to reduce its value.
- Giving away assets: Your spouse transfers money or property to friends or family members for little or no compensation.
Ohio law generally looks at spending that happened during the breakdown of the marriage. Courts want to see that the spending was intentional, wasteful and done to deprive you of your fair share.
How to protect yourself
Documentation becomes critical when you suspect dissipation. Save bank statements, credit card bills and receipts that show unusual spending patterns. Track when the wasteful behavior started and calculate how much money your spouse spent or lost. Take screenshots of social media posts that might show expensive purchases or trips.
Ohio courts can compensate you for dissipated assets by awarding you a larger portion of the remaining marital property. Judges might also order your spouse to reimburse the marital estate for wasted funds. Acting quickly to document the waste and seeking legal guidance helps you build a strong case and protect your financial interests during property division.
