Does marital waste play a role in distributing marital assets?

When distributing martial assets, there is a presumption that such a distribution should be equal among the parties.  However, there are times when an unequal distribution is warranted.  Florida statute provides that circumstances where there is an intentional dissipation, waste, depletion, or destruction of marital assets after the filing of a divorce petition or within 2 years prior to the filing of a petition can lead to an unequal distribution.

But, what does this actually encompass?  This is very fact dependent.  However, when a spouse uses marital assets for the furtherance of something other than the marriage, it will be considered marital waste.  This may include expenditures to facilitate a gambling, drug, or alcohol habit; marital assets used to engage in extramarital affair; or money sent to extended family members.  What is key is what marital assets are ultimately used for.  It is not considered to be waste if it is used for marital purposes even though it would be considered a dissipation or depletion of assets.  Further, even when there has been waste, there is still a presumption that the equality of the distribution should be modified only to the extent that is necessary.

Even though there is a two year limit, there is nothing that prevents a court from considering an earlier time period.  Courts must consider any factor that is necessary to do equity and justice. Therefore, courts have the discretion to consider whether waste falls into this.