Did your spouse’s savings account quietly shrink right around the time your marriage started falling apart? That is not always a coincidence, and Massachusetts law gives courts real tools to address it, especially when an experienced attorney helps bring the pattern to light.
What Counts as Dissipation of Marital Assets
Dissipation refers to one spouse wastefully spending, hiding, or destroying marital property, typically in a way that reduces what remains available for equitable division. Massachusetts does not define dissipation with a single rigid test. Instead, under Massachusetts General Laws Chapter 208, Section 34, courts must consider the conduct of each spouse during the marriage as one of several mandatory factors when dividing the marital estate. The Massachusetts Supreme Judicial Court addressed this directly in Kittredge v. Kittredge, explaining that dissipation should be evaluated within the context of these statutory factors and the broader goal of achieving a fair division, rather than through one fixed definition.
Behaviors That May Constitute Dissipation
Courts have recognized a range of conduct as potential dissipation, particularly when the spending or loss occurred close in time to the marriage’s breakdown and served no legitimate marital purpose. Common examples include:
- Gambling away significant marital funds
- Spending marital money on gifts, travel, or hotels connected to an extramarital affair
- Intentionally destroying marital property out of anger or spite
- Excessive, out-of-character spending on luxury items unrelated to the couple’s established lifestyle
- Transferring or hiding assets to keep them out of reach during property division
Not every instance of financial carelessness rises to the level of dissipation. Courts generally look for conduct that was deliberate, wasteful, and disconnected from any benefit to the marriage itself, rather than an honest financial misstep.
Why Timing and Documentation Matter
Dissipation claims tend to succeed or fail based on evidence, not accusations. Bank and credit card statements, timing relative to the marriage’s breakdown, and any pattern of secrecy around the spending all become relevant. A single questionable purchase rarely proves dissipation on its own, but a documented pattern, especially one that escalates as the marriage deteriorates, can support both an equitable distribution adjustment and, in some cases, a larger share of the marital estate for the other spouse.
Contact an Attorney About Protecting a Share of the Marital Estate
Anyone who suspects a spouse has wasted, hidden, or destroyed marital assets should know that addressing it properly requires solid documentation and a clear understanding of how Massachusetts courts evaluate this kind of conduct. Our experienced Massachusetts divorce lawyer at the Law Office of Heather M. Ward can help investigate and present these concerns effectively. Call (617) 903-8955 or make contact online to schedule a consultation and discuss what has been noticed.