Maryland Divorce Start Your Divorce Find Professionals Maryland Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Maryland Products Divorce by County
What is Dissipated Marital Property?
"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, the Court may find the property is "dissipated."
If the Court finds dissipation, it can consider 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 expended for other than a family purpose with the intention of reducing the funds available for equitable distribution (e.g. payment of living expenses for someone other than your spouse or children). The burden then shifts to the spouse who spent the money to show the expenditures were appropriate.
Under Maryland law, child support is determined based on the Income Shares Model. Therefore the monthly support amount for the child is proportionally shared between the two parents based on their incomes, past W-2s, and child support worksheets. One parent will then pay the other parent his or her share of child support. Considerations will also be made for existing debt, property settlement, mortgages, other children or any other financial considerations.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.