Typically, your high-asset divorce can even imply high-dollar misconduct. The breakdown of a wedding can typically lead spouses to do issues they shouldn’t, like going out and spending giant quantities of marital property on issues that don’t profit the wedding. When that occurs, you’ll have to be ready to take the best motion in courtroom as a way to be sure that your partner’s dissipation of property doesn’t find yourself counting in opposition to you when it comes time for the courtroom to determine an equitable distribution. Everytime you’re confronted with this sort of divorce, ensure you shield your self with an skilled South Florida household legislation lawyer.

A case that originated within the Orlando space is an efficient instance. Each spouses had been high-profile and extremely profitable sports activities commentary personalities, every with internet price in extra of $5 million. The husband was a extremely profitable radio and TV host, protecting golf and fantasy soccer, amongst different issues, for a number of main networks. The spouse was additionally a profitable TV commentator, protecting golf and soccer. Through the marriage, the husband acquired a big settlement from one in every of his earlier employers.

In 2016, although, the profitable sports activities commentary couple divorced. Earlier than the divorce was finalized, although, the spouse allegedly took a considerable chunk of the husband’s settlement cash and spent it on, amongst different issues, $100,000+ of beauty procedures at a Beverly Hills dermatologist and over $7,000 on a brand new canine.

If you’re caught in a scenario like this husband was, it is very important interact in the best authorized responses. Usually, in a Florida divorce, equitable distribution will imply equal distribution… however not all the time. A trial decide can order an unequal distribution of marital property if one of many spouses has engaged in “marital misconduct” that causes the “depletion or dissipation” of a marital asset.

Dissipation can take many varieties. The outdated stereotype, in fact, depicts a partner who abruptly and unexpectedly abandons his/her associate, however not earlier than draining each dime from the couple’s joint financial institution accounts. This, in fact, is a type of dissipation. Different types of dissipation could embody a partner who “maxes-out” the couple’s bank cards, who offers a brand new boyfriend/girlfriend costly presents with marital funds, who fraudulently transfers marital property to somebody outdoors the wedding as a way to dodge the equitable distribution course of… or who racks up a six-figure invoice on beauty procedures in Beverly Hills.

Proving dissipation or depletion of property and your entitlement to unequal distribution

How do you show that your partner engaged in misconduct and that you simply’re entitled to an unequal distribution of property? You show that in Florida by giving the courtroom proof that your ex deliberately depleted the marital asset or property in query “for his or her personal profit and for a objective unrelated to the wedding.”

This husband had that form of proof. Each the $7,000+ canine, which was one thing that the spouse bought collectively with the brand new man in her life, and the six-figure dermatology invoice for beauty procedures, had been each issues that had been clearly for the spouse’s separate profit and for functions that weren’t associated to the wedding.

What the husband wasn’t profitable in holding in opposition to the spouse, by way of dissipation, had been the sums she spent on the marital house’s mortgage, utilities and HOA charges. All of these bills had been issues that benefited each husband and spouse and in addition had been associated to the wedding, so they didn’t rely as dissipation.

As soon as the courtroom finds {that a} partner, akin to this spouse, has dissipated marital property by misconduct, then the decide can order an equitable distribution that offers the opposite partner – on this case, the husband – greater than 50% of the marital property as a way to compensate him for the depletion the opposite partner engaged in.

After all, to get that unequal distribution, you need to make the best authorized arguments in courtroom and provides the decide the required proof. To ensure you are ready to do that, and to litigate all different points of your high-asset divorce efficiently, depend on the South Florida household legislation attorneys at Stok Kon + Braverman. Our attorneys have a few years of serving to husbands and wives to realize profitable outcomes of their divorce issues.

Contact us on-line or by calling (954) 237-1777 to schedule your session.


Please enter your comment!
Please enter your name here