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Economic Fault
Although the idea that marital “fault” in divorce should be weighed when distributing marital assets has, in general, gone by the wayside in New York, there is one exception. Economic fault, including wasteful dissipation of marital assets, is still a relevant consideration in equitable distribution. Domestic Relations Law ' 236[B][5][d], Owens v. Owens, N.Y.App.Div. Lexis 4292, 2013 NY Slip Op 4380; Brzuszkiewicz v. Brzuszkiewicz, 28AD3d 860, 813 NYS2d 793 (3d Dept. 2006). When faced with a client whose spouse has allegedly wasted marital assets, what must you know?
What Constitutes 'Wasteful Dissipation'?
The paradigm of wasteful dissipation is the loss of marital funds to heavy gambling. In Burnett v. Burnett, 101 AD3d 1417, the Appellate Division, Third Department, upheld the trial court's determination that the husband had “engaged in extensive gambling ' incurring significant debts and depleting substantial assets.” 101 AD3d 1417, 1419 (3d Dept. 2012). The court further stated that such economic misconduct is not excused by the classification of gambling as an addiction.'
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