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Dissipation of Marital Assets in South Carolina: Protecting Your Financial Rights During Divorce

Posted by Clay Hopkins | Sep 26, 2023 | 0 Comments

When a marriage is heading toward divorce, disputes over finances often come to the forefront. A common issue is the dissipation of marital assets—when one spouse intentionally wastes, hides, or misuses shared resources. Understanding what constitutes frivolous spending, how it can impact your case, and what can be used against you in a divorce is essential to securing a fair resolution.

At Hopkins Law Firm, we're here to guide you through this complex process and protect your financial interests.


What Is Dissipation of Marital Assets?

In South Carolina, dissipation of marital assets occurs when one spouse uses shared funds irresponsibly or for their sole benefit, often when divorce is imminent. Examples include:

  • Spending marital funds on an affair.
  • Lavish or unnecessary purchases unrelated to the marriage.
  • Gambling losses.
  • Selling marital property for significantly less than its value.

Such actions can unfairly deplete the marital estate, impacting the equitable distribution of property.


What Can Be Used Against You in a Divorce?

In cases involving asset dissipation, the courts will carefully examine financial records to identify irregular spending patterns. Examples of what might be used against you in a divorce include:

  • Bank Statements and Credit Card Records: Evidence of extravagant or unexplained expenditures.
  • Hidden Accounts: Any attempt to conceal money or property.
  • Unjustified Debt: Loans or liabilities incurred for personal gain.

If a spouse can prove frivolous spending, the court may adjust the division of marital assets to compensate for the loss.


Defining Marital Assets in South Carolina

Marital assets include any property, income, or investments acquired during the marriage, except for inheritances or gifts explicitly designated for one spouse. Common examples include:

  • Real estate.
  • Retirement accounts.
  • Joint savings and checking accounts.
  • Shared business interests.

Identifying and valuing these assets is crucial when proving asset dissipation.


How to Protect Yourself Against Frivolous Spending

If you suspect your spouse of dissipation of marital assets, consider these steps:

  1. Document Evidence: Keep detailed financial records, including receipts, statements, and transaction histories.
  2. Act Quickly: Filing for divorce promptly may prevent further dissipation.
  3. Hire a Skilled Attorney: An experienced lawyer can help trace missing assets and present compelling evidence in court.

Why Hopkins Law Firm?

At Hopkins Law Firm, we have extensive experience handling cases involving frivolous spending and dissipation of marital assets in South Carolina. We understand how financial misconduct can impact your divorce settlement, and we'll fight to ensure your rights are protected.


Contact Us Today

If you believe your spouse is wasting or hiding shared property, don't wait. Reach out to Hopkins Law Firm today for a consultation. We'll provide the legal guidance you need to protect your financial future.


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About the Author

Clay Hopkins

South Carolina Lawyer

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When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.

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