Dissipation is a legal term that means to use or spend assets improperly. In a divorce case, dissipation is when one of the spouses uses the assets or property that belong to both of them for their own benefit for a purpose unrelated to the marriage. Because the law requires a judge to divide the marital property equitably, if one spouse has improperly wasted the assets of the marriage, it affects how the judge will divide the property.
What Makes it Illegal to Use Marital Property?
It is not always easy to determine what kind of activity will be considered wasting of the assets, or dissipation. Judges may find dissipation when one or more of the following has occurred:
- Gambling losses;
- Spending money on a boyfriend or girlfriend;
- Mismanagement of the family business;
- Buying unnecessary personal items like jewelry or cars;
- Gifts to relatives; and/or
- Personal vacations.
There is no exact list as to what could be considered dissipation. The key criteria are that the asset or property belonged to the marriage and it was used for the benefit of only one of the spouses in a way unrelated to the marriage.
Illinois has recently changed the number of years a claim of dissipation can be made in a divorce case. Under the current law, dissipation can only be claimed for actions that happen five years before the petition for the dissolution of marriage was filed or three years after the spouse knew or should have known about the activity.
What Happens If My Spouse Files a Claim of Dissipation?
Illinois requires that a party files a notice that it plans to claim dissipation at least 60 days prior to a trial or 30 days after discovery closes, whichever is later.
Once a spouse has made a claim of dissipation the burden shifts to the accused spouse to show by clear and convincing evidence that the assets were used properly. The more specific the spouse defending against a dissipation action is, the better his or her chances of winning are. The court generally does not look favorably on generic statements and general claims.
If you have been accused of dissipation in your divorce case, speak with an experienced Schaumburg, Illinois divorce attorney right away. Do not talk to anyone about your case until you have consulted with someone who understands the issues you could be facing. Call Glasgow & Olsson today at 847.577.8700 to schedule a consultation.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000