Waste of the Marital Estate

When a spouse grossly misuses property of the marriage, to include cash or money earned by either of the spouses, this is termed “waste of the marital estate.” Examples of waste of the marital estate include, but are not limited to money spent on extramarital relationships or gambling.  Marital assets expended on habits or hobbies by…

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Comingling of property in the marital estate

The biggest difficulty in separating out each spouse’s property and/or debts from marital property, or the “marital estate,” is that most times spouses will commingle their property and/or debts during the marriage.  Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt…

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Property Division

General Rule: property division in divorce is generally done by gathering all the property obtained during the marriage and then dividing it equitably, which usually means equally. All the property obtained during the marriage is often called the “marital estate.”  The marital estate includes both assets and liabilities or, in other words, stuff and debts. …

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