Idaho Law Blog
Gamesmanship is common during a contentious divorce. One common example of gamesmanship is the hiding of marital assets in anticipation of divorce. Hiding assets can come in many shapes and sizes, including stowing cash from bank accounts, taking personal property items from the home, and going on a spending spree. Is the other spouse entitled to compensation when a spouse wastes marital assets during divorce?
Spouses owe each other certain fiduciary duties during the term of the marriage. These fiduciary duties include transparency regarding financial assets and all other property matters. Courts may consider whether a spouse has dissipated or wasted assets by spending marital funds in some improper manner, thereby reducing the amount of assets available for division. The burden of proving dissipation of marital assets can be heavy.
Courts consider the following factors when determining whether dissipation of assets has occurred: (1) whether the expenditure benefitted the marriage or was made for a purpose entirely unrelated to the marriage; (2) the timing of the transaction; (3) whether the expenditure was excessive; and (4) whether the dissipating party intended to hide, deplete or divert a marital asset. Larson v. Larson, 139 Idaho 972 (Ct. App. 2003).
You should seek the assistance of an experienced Idaho divorce lawyer if you believe your spouse has diverted, hidden, or dissipated assets in anticipation of divorce. Compiling evidence and proving your case at trial can be extremely difficult and complex.
At Racine Olson our Idaho divorce attorneys will help you with your divorce, including property division issues, throughout Idaho, including Firth, Malad, Montpelier, Preston, Soda Springs, American Falls, Blackfoot, Pocatello, Idaho Falls, Rigby, Twin Falls, Rupert, Burley, and Boise. Contact us for a consultation with Nathan Palmer and the Racine Olson team of Idaho divorce attorneys in Pocatello, Idaho Falls, or Boise. You can also email Nathan Palmer directly at nrp@racinelaw.net.
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