A divorce can feel financially unfair when one spouse makes large, unexplained purchases or withdrawals shortly before filing. In Florida, this is formally recognized as dissipation of marital assets under the equitable distribution statute, section 61.075.
How courts view marital waste
The outcome often turns on timing and purpose. Florida courts generally look for spending that served no marital purpose and happened when the marriage was breaking down irretrievably or when divorce was foreseeable.
Judges may focus on whether the spending looks like an effort to drain marital funds rather than cover ordinary living expenses. Clear records and a timeline can help show what happened and why.
Spending patterns that may raise concern
Documentation becomes especially important when one spouse spent money secretly or for reasons that did not benefit the marriage. This overview of marital waste claims in divorce outlines the types of conduct courts may examine. Examples may include:
- Large cash withdrawals with no clear household reason
- Gifts or trips tied to an outside relationship
- Gambling losses that exceed the couple’s established pattern
- Property sales at significantly below-market value
These facts may matter because the court can credit the other spouse for the value of the wasted assets when dividing property.
Steps to document possible dissipation
Bank statements, credit card statements and credible testimony often shape the proof. Keeping clear records from the start can strengthen a dissipation claim if the dispute becomes part of property division.
You may want to gather statements, save messages about major purchases and note key dates, including when the decision to separate or file for divorce was made. If you need to spend marital funds, continue using joint accounts for ordinary household expenses and keep receipts where possible.
What to do if you believe assets were wasted
Dissipation claims usually turn on records and timing. Florida courts weigh the evidence on both sides, so the earlier a spouse organizes financial documents, the clearer the timeline becomes. People reviewing broader property division issues in a Florida divorce may need to consider whether a dissipation claim fits the facts of the case.