No-fault divorce statutes require that the courts focus on practical issues, not allocating responsibility for the decline of the marital relationship. Tennessee does also allow fault-based divorces when there is proof of serious marital misconduct.
The misconduct of one spouse can significantly alter the outcome of divorce proceedings. Intentional financial misconduct immediately prior to or during the divorce can influence how the courts distribute marital property and allocate responsibility for marital debts. The intentional dissipation of marital resources may affect economic decisions during a divorce.
What behaviors constitute dissipation?
Dissipation is essentially the act of wasting marital property or accruing unnecessary marital debt, potentially for a purpose that undermines the strength of the marital relationship. Frequently, claims of dissipation stem from adultery.
Proof of the marital income spent for that destructive purpose could influence the final allocation of the marital estate. Evidence showing that debts were the product of dissipation can lead to the courts excluding certain financial obligations from the property division process.
If one spouse spent thousands of dollars in a manner that deviated from their usual economic habits in the weeks before they filed for divorce, their conduct could constitute dissipation. The destruction of marital property, the decision to sell assets for a tiny portion of their fair market value and the decision to empty savings or checking accounts for unnecessary purchases could also constitute dissipation.
The courts may consider the value of the income or assets dissipated when making decisions regarding the final distribution of marital property. Reviewing financial records with a skilled legal team can help people push for fair divorce terms. Evidence of financial misconduct during a divorce may influence even no-fault divorce proceedings.