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“Dissipated” marital
property involves monies or assets which have been wrongfully disposed
of before the divorce trial.
In Maryland, where one spouse uses marital property for his or her own
benefit for a purpose unrelated to the marriage at a time when the
marriage is undergoing an irreconcilable breakdown and with the intent
to reduce funds available for equitable distribution, the Court may find
the property is “dissipated.”
If the Court finds dissipation, it can include the dissipated property
as marital property subject to equitable distribution.
The spouse claiming dissipation must establish a prima facie case
[sufficient on its face] that marital monies were improperly used (e.g.
payment of living expenses for someone other than your spouse or
children). The burden then shifts to the spouse who spent the monies to
show the expenditures were proper.
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