Many of our clients come to us for assistance during divorce proceedings. Although Florida is a “no-Fault” state with regard to adultery most of the time, one common by-product of infidelity is Marital Waste.
Marital Waste is defined in Florida Statutes as: “The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.”
For the sake of clarity, “petition” referenced above refers to a filing of a Dissolution of Marriage Petition. So, how does this affect your case, you may ask?
From an infidelity angle, if your spouse is maintaining an adulterous affair in Florida and spends money on the paramour, it could be considered marital waste. Perhaps your spouse buys the paramour an expensive ring or jewelry. Or maybe your spouse takes expensive vacations with the other woman or man. If marital assets (read that as “your shared money”) are used to fund these endeavors or purchases, it could be considered to be marital waste.
Often, we private investigators uncover instances of marital waste during our investigations and surveillance. You may not be able to recover damages just because your spouse is cheating on you, but you may be able to get your share of the money spent by your spouse on his or her paramour.
Marital waste can also take the form of destruction of marital property and concealment of marital property. A private investigator can assist is locating and identifying assets and property you didn’t realize you owned.
It isn’t always easy to detect and prove marital waste, but it certainly should be looked at in any infidelity matter.
(NOTE: We are not attorneys and do not give legal advice. The above should not be relied upon as legal advice. Please consult an attorney before initiating investigative services.)
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