Daily Archives November 29, 2020

DISSIPATED AND SPENT MARTIAL PROPERTY STILL SUBJECT TO EQUITABLE DISTRIBUTION OF ASSETS

The Court of Appeals in Herron v. Johnson, expounded on the equitable distribution of marital property that has been dissipated. Dissipation of martial property is generally defined as where one spouse uses marital property for his own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown. Here, the trial court had determined that the pension funds accumulated during the marriage and used by one spouse and spent and dissipated during the marriage is no longer a property for the court to factor in with regards to the equitable distribution
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