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The most important component of prevailing on a dissipation claim is that there is a solid foundation of evidence to support the contention, but equally as important, the Court must make specific findings on the record as to why the unequal distribution occurred.Without these findings, Courts of Appeal have reversed unequal distributions for no reason other than not being able to discern why the unequal distribution occurred.With regard to specific law issues, readers of this article should seek specific advice from legal counsel of their choice.

Even if you and your spouse will divide the assets in your IRAs and qualified plans in exactly the same manner, a separate legal term applies to each type of division.One of the factors available for consideration 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.” Fla. The analysis of the dissipation generally starts with the intent behind the expenditure, and whether the conduct was intentional. If a Court determines that a marital asset has been dissipated, the Court can and often times allocates the wasted asset to the offending spouse in the form of an unequal distribution of assets, despite the asset no longer being in existence.Florida Courts, when presented with the proper foundation of evidence, have routinely adjudicated such expenditures to be wasting of marital assets.Examples of such waste include gifts, airfare, dinners, hotel expenditures, rent and “loans,” which never seem to have a maturity date or any documents to substantiate the loan. Lambros Florida Courts begin with the premise that the distribution of marital assets and liabilities should be equal, unless there is a justification for an unequal distribution. That result is premised upon the belief that the non-offending spouse should not suffer the consequences of such waste.