Does My Spouse’s Excessive Drinking Constitute Asset Dissipation?

 Posted on January 10, 2024 in Property Division

While drinking alcohol in moderation is considered an acceptable practice for adults, drinking excessively can be a serious problem. Sometimes, the effects of a spouse’s excessive drinking can cause a real strain on the marriage and can even lead to divorce. If your spouse has spent large amounts of money drinking and you have had enough, it may be time to call an attorney. Questions such as whether your spouse’s excessive drinking constitutes asset dissipation are important questions to ask your lawyer. If asset dissipation is taking place or has taken place, it may affect the division of assets in your Florida divorce.

Asset Dissipation in Florida 

In Florida, asset dissipation refers to the intentional waste or depletion of marital assets by a spouse during the dissolution of marriage. It typically involves the misuse or exorbitant spending of marital funds, reducing the overall marital estate. However, excessive drinking alone may not necessarily constitute asset dissipation unless it can be proven that the drinking caused financial harm to the marital estate

Establishing Asset Dissipation

To establish asset dissipation due to excessive drinking, you must provide evidence that the excessive drinking directly caused financial harm. This may include demonstrating a pattern of excessive spending on alcohol, neglecting financial responsibilities, or engaging in reckless behavior that results in economic losses. You will need to collect evidence that supports your claim of asset dissipation. This evidence may come by way of bank statements, credit card records, or witness testimonies that substantiate the connection between excessive drinking and the depletion of marital assets. As with other divorce matters, your attorney will help you collect and present your evidence to the court.

Burden of Proof

In Florida, the burden of proof lies with the spouse alleging asset dissipation. The evidence you provide must be clear and convincing, demonstrating that reckless drinking led to the depletion of marital assets. Your lawyer will help ensure that the evidence presented supports your argument to the fullest extent possible

Contact Our Miami, FL Divorce Lawyer

In a Florida divorce, excessive drinking by a spouse may not automatically constitute asset dissipation. However, if you can provide a direct link between the drinking and financial harm to the marital estate, it may be considered in the asset division process. By seeking credible legal advice, you can fight to ensure your concerns regarding your spouse’s drinking habits are taken seriously during proceedings. Contact the skilled Miami, FL divorce attorneys with Miami Family Law Group, PLLC for legal guidance. Call 305-520-7874 for a private consultation