The Impact of Gambling, Bad Investments, and Reckless Spending on Property Division in a Massachusetts Divorce

If the marital estate is diminished due to your spouse's gambling problem, bad investment decisions, or other wasteful spending are you entitled to a disproportionate share of the marital assets?  What if your spouse spent money on illegal activities such as drug use, prostitution, or illegal gambling, does the illegal nature of these activity warrant additional compensation from the division of the marital estate?  You may be surprised to learn that the bad conduct of your spouse may not merit a disproportionate division of the martial estate.

Each case requires a fact specific analysis and it is important to understand that a spouse's financial conduct is not viewed in a vacuum.  Instead, the wasteful expenditures are viewed within the framework of the statutory factors that govern the division of marital property in Massachusetts.  The court will look at the impact of the spending on the remaining marital assets.  The legal or illegal nature of the spending does not automatically classify the expenditure as a dissipation of the marital estate.  If the wasteful spending will not deprive the other spouse of the standard of living enjoyed during the marriage, then the court may not give much weight to the careless spending.  However, the timing is important as if the spending occurs during the breakdown of the marriage it is more obvious that the expenditure has diminished the assets available to the other spouse.

There are many other factors that may influence the court's allocation of the marital estate.  The bad conduct of one spouse is merely an element that is considered among the asset division factors.  If wasteful spending is an issue in your divorce it may be necessary to retain a skilled Massachusetts divorce attorney who understands the interplay between reckless spending and the Massachusetts property division laws.

If you have questions about your divorce case there is no obligation or cost to call Lambert Legal at 781-754-6822, we look forward to speaking with you about your case.