Marital Waste and Asset Dissipation: Discovery, Tracing, Burdens, and Equitable Remedies
Proving Waste Claims, Separating Routine Spending, and Building Justifiable Financial Records
About the Course
Introduction
This CLE webinar will examine marital waste and asset dissipation claims in divorce and separation matters, focusing on identifying, proving, defending, and remedying alleged marital property misuse.
Description
Dissipation claims are fact-intensive and strategically significant challenges in property division disputes. Courts face questions of when the marriage began to break down, what spending patterns qualify as dissipation rather than ordinary marital or business expense, who bears the burden at each stage, and what level of specificity is required for notice, discovery, and proof. These issues increase in challenge and complexity where the facts involve cash withdrawals, affair spending, gambling, gifts to third parties, insider transfers, bookkeeping irregularities, compensation diversion, digital payment platforms, or cryptocurrency.
The panel will explore where to look and how to frame the evidence, distinguish routine expenses from nonmarital expenditures, connect the challenged transactions to the period of marital breakdown, present or rebut tracing evidence, and assess available remedies.
Listen as our panel of experts discusses investigating and litigating marital waste and asset dissipation claims, challenging allegations, and positioning for negotiation, mediation, and trial.
Presented By
Ms. Oldweiler’s career in family law followed her experience in technology-focused sales and business development roles in the architecture, engineering, and construction industry. Prior to law school, she led the Key Accounts Sales Team for a global leader in building information modeling solutions.
Ms. Stearns has been guiding clients through the legal and emotional complexities of divorce, custody, and family restructuring since 2008. She understands that a case’s direction and outcome often hinge on subtle details, nuanced and timely communication, and decisive action—qualities that have been honed through experience and a time-tested resolve. With extensive experience in intricate custodial and financial matters, Ms. Stearns has successfully managed all facets of family law practice, including many cases with international components.
Ms. Zeiderman is focused on divorce and matrimonial law, a Certified Financial Litigator and Certified Divorce Financial Analyst (CDFA), she regularly negotiates and litigates high stakes, complex financial and custody divorce matters, as well as negotiating pre-nuptial and post-nuptial agreements for high-net-worth individuals. Named to the Crain’s New York list of Notable Woman Attorneys for 2022, Crain’s New York Notable Diverse Lawyer for 2022, Crains Notable Women in Law in 2023, Crains Notable Leaders in Accounting, Consulting and Law 2024, a Hudson Valley Best Lawyer, Best Family Law Attorney for Client Satisfaction by the American Institute of Family Law Attorneys, among many other awards, Ms. Zeiderman is also a member of the panel for Attorneys for Children. She is also a member of the Forbes Business Council.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, June 25, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: Why dissipation claims matter
II. Defining marital waste and asset dissipation
A. Court formulations to define dissipation
B. Differentiating dissipation from routine marital spending, unsuccessful investments, etc.
C. Common fact patterns: affairs, gambling, secret gifts, cash withdrawals, luxury spending, etc.
III. Breakdown timing and procedure
A. When the marriage is deemed to be in breakdown for dissipation purposes
B. Pre-filing vs. post-filing conduct
C. Statutory and rule-based notice requirements
IV. Proof burdens and framing the evidence
A. The showing to make the prima facie case
B. When and how the burden shifts to an alleged dissipator
C. Proving atypical, sole-benefit, or nonmarital expense
V. Discovery strategy and tracing
A. Financial affidavits, bank statements, credit reports, and recurring transfer analysis
B. Tax returns, K-1s, depreciation schedules, and unexplained income or losses
C. Business ledgers, bookkeeping systems, and disguised personal expenses
D. Subpoenas, third-party discovery, and digital payment records
E. Lifestyle analysis and the role of the forensic accountant
VI. High-risk or developing dissipation fact patterns
A. Closely held businesses, compensation diversion
B. Secret accounts, insider loans, and transfers to family members or paramours
C. Gambling, online betting, and recurring cash conversion
D. Cryptocurrency, payment apps, and digital-wallet concealment
VII. Defending against dissipation allegations
A. Ordinary-course spending and marital-purpose explanations
B. Challenging breakdown date and causation theories
C. Attacking vagary, tracing, and unsupported estimates
D. Separating nondisclosure from true dissipation
E. Using proportionality and cost to narrow the dispute
VIII. Remedies, settlement, trial
A. Add-backs, reallocation, reimbursement, credits
B. Temporary restraints and preservation orders
C. Presenting dissipation issues for mediation, settlement negotiations, or trial
The panel will explore these and other key areas:
- Defining marital waste and asset dissipation, distinguishing ordinary spending types
- Identifying the dissipation period, building and attacking prima facie dissipation claims
- Using financial documents to trace or rebut challenged transactions
- Proving/defending claims of affair spending, gambling, cash withdrawals, gifts, insider transfers, loans to others, etc.
- Handling dissipation issues tied to closely held businesses, executive compensation, trusts, etc.
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