When marital resources are treated like trash on a highway and scattered across the pavement, that’s the kind of waste we’re talking about. Behind the metaphor lies a real legal concept in Virginia divorce: marital waste. It occurs when one spouse uses or depletes marital assets for non-marital purposes — particularly when separation or divorce is on the horizon.
This article explains what constitutes marital waste, how Virginia courts handle it, and what steps you can take to protect yourself before and during divorce.
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- What Is Marital Waste?
- How Virginia Law Defines Marital Waste
- Common Examples of Marital Waste
- How to Prove Marital Waste in Divorce
- The Impact on Property Division
- How to Protect Yourself from Marital Waste
- Legal Support for Men Facing Marital Waste Claims
1. What Is Marital Waste?
Marital waste — also called dissipation of assets — happens when one spouse spends, hides, or disposes of marital property for personal, non-marital reasons, especially when a divorce or separation is imminent.
In simple terms, a spouse cannot legally drain joint resources for their own benefit or sabotage the couple’s finances.
2. How Virginia Law Defines Marital Waste
Virginia Code §20-107.3(E)(10) allows the court to consider:
“The use or expenditure of marital property by either of the parties for a non-marital separate purpose or the dissipation of such funds when done in anticipation of divorce or separation or after the last separation of the parties.”
This means that if one spouse wastes shared assets, the court can compensate the other spouse through equitable distribution, awarding a greater portion of the remaining property.
3. Common Examples of Marital Waste
Examples of marital waste in Virginia divorces include:
- Spending marital funds on a romantic partner or affair
- Gambling losses or speculative investments
- Giving away or hiding money or property
- Selling marital assets below fair market value
- Excessive or secret credit card spending
- Lavish purchases with no marital benefit
The key factor is intent — if the spending was clearly unrelated to the marriage or occurred as the relationship was ending, it may be considered marital waste.
4. How to Prove Marital Waste in Divorce
To prove marital waste, you must show that:
- The property in question was marital, not separate
- The spending was for a non-marital purpose
- The waste occurred after the marriage began deteriorating or after separation
- The other spouse did not consent to the spending
Evidence can include bank statements, receipts, text messages, or witness testimony. Financial records are vital for establishing patterns of spending or hidden transfers.
5. The Impact on Property Division
If the court finds that one spouse has engaged in marital waste, it can:
- Credit the wasted amount back into the marital estate
- Adjust the division of assets in favor of the innocent spouse
- Require repayment or reimbursement
This ensures one spouse doesn’t unfairly profit from reckless or malicious behavior. The ultimate goal of equitable distribution is fairness — not equality — so proven waste can significantly shift the outcome.
6. How to Protect Yourself from Marital Waste
If you suspect your spouse is draining joint accounts or concealing money:
- Start collecting financial records immediately
- Consult an experienced family law attorney as soon as possible
- Monitor or freeze joint accounts if legally permitted
- Avoid engaging in retaliatory or suspicious financial activity yourself
- Consider hiring a forensic accountant if large sums or complex assets are involved
The sooner you act, the more likely you are to prevent lasting financial damage.
7. Legal Support for Men Facing Marital Waste Claims
At The Firm For Men, we understand how complex and emotional financial disputes can become during divorce. Our Virginia Beach family law attorneys help men protect their property rights, expose financial misconduct, and secure equitable outcomes under Virginia law.
Call (757) 383-9184 or contact us online for a confidential consultation.
The Firm For Men — Defending Men’s Rights, Protecting Their Futures.