Wednesday, February 02, 2005

I’ve Learned that My Spouse Spent $200,000 of Our Community Funds Gambling Over the Years. Can I Make a Claim for that Amount During the Divorce?

Answer: Depends on your particular situation. The concept of “waste” could apply in this divorce case, making your spouse liable to you for your portion of the wasted asset, i.e., half during a divorce case. However, waste is not always an easy thing to prove and varies from divorce case to divorce case. For example, if Bill Gates spends $200,000, it might not be considered community waste because it’s such a minor amount for him and his wife. For most people, throwing away that much cash is a serious matter and so a divorce court might be expected to address the $200,000 in the divorce by either offsetting other assets and debts to make up for it or ordering the wasting spouse to pay the other.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com


Disclaimer: Providing the above information does not establish an
attorney-client relationship. To create such a relationship, both the
attorney and potential client must sign a written fee agreement. The
information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.



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