• My Spouse is Selling Off Assets - What Can I Do?
  • March 12, 2015 | Author: Theodore J. Rechel
  • Law Firm: Rechel & Associates, P.A. - Tampa Office
  • The most common element focused upon when arguing unequal distribution is called waste. Waste is the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition. Waste is grounds for the offended spouse to ask for unequal distribution.

    The test of whether a transaction constitutes a dissipation of marital property does not turn on whether the transaction worked to the advantage of both spouses. Instead, the pivotal consideration is whether the alleged miscreant-spouse INTENDED to engage in depletion, waste, or destruction of the marital assets to the disadvantage of the other person. For further information on controlling marital assets, contact Theodore Rechel at www.tampabaylawyers.com.