Can I recoup marital waste from my spouse’s affair?

Marital waste is the product of a spouse’s intentional efforts to waste or spend marital assets. Marital waste can come in all forms including money spent on affairs, gambling or even poor business decisions. One spouse may wish to recoup the assets wasted by the other during the divorce process. To do so, they will likely need to show that the marital waste was substantial enough to make an impact on the divorce settlement.

When affairs happen, they usually begin in secret. This may make discovering marital waste difficult. For spouses that believe their partner is having an affair, keeping close tabs on accounts, credit cards and other sources of marital funds may help when it comes time to add it all up.

Depending on the financial situation and incomes of both spouses, any marital waste may be substantial. The common belief is that the more money someone has, the more they spend. For a spouse that suddenly finds themselves in an extramarital relationship, keeping it secret while keeping their new object of affection happy may come at a hefty price. Not only will it likely end in divorce, but their spouse may fight to have the money they spent on the affair put back into the estate. Marital funds spent on hotel rooms, clothing, gifts and dinners out may all be subject to recovery if proven to come from an affair.

Recouping the marital waste from a spouse’s affair may not be an easy task but it certainly is not impossible. If you suspect your spouse is spending marital funds on an extramarital affair, speaking to a divorce attorney can help you identify marital waste and begin the process of recovering it.