Preparing for a Divorce 101: Avoid Improper Spending and Large Cash Transactions

Divorce cases can become complicated where there are claims of improper spending dissipation of marital assets. Here are some ways to avoid these claims as you prepare for your divorce case.

Trial courts are permitted to remedy a situation in which one spouse is found to have dissipated marital assets. Dissipation “requires financial misconduct involving marital assets, such as intentional waste or a selfish financial impropriety, coupled with a purpose unrelated to the marriage.” Finan v. Finan , 287 Conn. 491, 499 (2008) (internal citation omitted). Such misconduct “must occur either: (1) in contemplation of divorce or separation; or (2) while the marriage is in serious jeopardy or undergoing an irretrievable breakdown.” Id. at 508-09.

Once the divorce has started, you and your spouse will be subject to the Automatic Orders. The Automatic Orders provide, in relevant part, at Section 25-5(b)(1) of the Connecticut Practice Book:

Neither party shall sell, transfer, exchange, assign, remove, or in any way dispose of, without the consent of the  other party in writing, or an order of a judicial authority, any property, except in the usual course of business or for customary and usual household expenses or for reasonable attorney's fees in connection with this action.

A violation of this order may result in a finding of contempt, among other punishments. What constitutes a violation of this order, however, is usually case specific, and often boils down to what is and has been a customary and usual household expense for you or your family.

The best way to protect yourself from claims of dissipation or violations of the Automatic Orders is to avoid improper spending if you are considering divorce or are in the middle of the divorce process. This is not the time to spend $100,000 at the casino or purchase jewelry for your new girlfriend. A court will not look kindly on you for making these types of expenditures if the divorce is imminent or has already started, and the court has the ability to punish you for this type of spending.

Large and frequent cash expenditures before the divorce may also appear suspicious and can often be difficult to explain months later at a deposition or court hearing. If possible, pay by credit card, check or wire. It does not hurt to keep a paper trail of your spending before and after the divorce has started.

Issues of improper or excessive spending can make any case contentious. If you have questions about your spending during the divorce, including what is considered appropriate spending, or if you have questions on how to stop your spouse’s inappropriate spending, contact the lawyers of Ferro & Battey, LLC.