Marital Waste

Gillespie, Shields & Associates

One of the more touchy issues spouses must deal with when they decide to divorce is property division.  Property division, also known as asset division, is a legal process that addresses the distribution of assets, income and liabilities that couples have accumulated throughout the duration of their marriage.  The property that spouses incur during their marriage is referred to as “marital property” and this property is subject to Arizona’s asset division laws.  Marital property may include, but is not limited to, houses, land, vehicles, savings and retirement funds. 

If spouses do not have a pre or post-nuptial agreement in place, the family court will have to decide two things.  First, the court will have to determine what assets are considered marital property.  Second, the court will have to decide how assets will be distributed.  The state of Arizona is a community property state, which means that assets will usually be distributed equally between spouses.  However, in cases where there is marital waste, the 50/50 rule may not be applicable.

Marital waste is a term that is used when one spouse uses marital property to his/her own selfish benefit.  For example, if a spouse had a gambling problem or spent income on drugs throughout the marriage, it would be considered marital waste by the court.  When this happens, the court may decide to divide the assets differently and award the other spouse a greater percentage of the marital property.  Courts will only deviate from the standard 50/50 division if they have a specific finding or definitive proof of marital waste.   

Arizona Family Lawyers

Helping Clients in Phoenix, Mesa, Chandler & Gilbert

If you are looking for an empathetic Phoenix divorce attorney who has experience handling cases that involve marital waste, do not hesitate to contact Gillespie, Shields & Associates today!