When a spouse uses marital assets in a way that’s reckless, selfish or purely personal during divorce proceedings or in the build-up to the process, it could affect how property is divided. This could include money spent on an extramarital affair, gambling away joint savings, buying unnecessary luxury items or secretly draining accounts to shortchange you.
New Jersey courts consider how marital funds were used, especially toward the end of the marriage. This helps ensure a fair and equitable division of assets.
Timing and intent matter
It’s not just about what was spent. It’s when and why. For instance, making a poor investment that ends up in losses might not count as wasteful if it was done in good faith and for the benefit of the family. The same goes for everyday expenses that were once routine, like groceries and utilities.
Judges look at whether the spending was unusual, excessive or meant to reduce the marital estate before divorce. If your spouse suddenly racks up credit card debt on lavish vacations or gifts for someone else while you’re separating, it could influence the property division outcome. The court may award you a larger share of assets to make up for the loss.
Take informed action to protect your interests
If you suspect your spouse is spending marital assets in a way that could harm your financial future, don’t wait to act. Keep records, gather bank statements and document anything that seems unusual. Remember, courts won’t intervene unless you bring the matter to their attention and provide the necessary evidence.
Having experienced legal guidance can help you build a strong case and achieve a fair settlement. Protecting what’s yours starts with understanding your rights and standing up for them.