Community Waste Defined
Community waste is a financial claim that one spouse can make against the other during divorce that your spouse wasted community funds and needs to pay you back for spending money on items, a new boyfriend or girlfriend (paramour), other people or extended family, or services that did not benefit you or your marriage.
For example, if your spouse regularly had been dating a new person, and paid for that dating activity with community funds you may have a claim for community waste. These questionable expenditures may include costs of romantic evenings, hotel costs, meals, travel and gifts. If you prove your husband “wasted” community funds, you are entitled to be reimbursed for half of the expenditures.
You may have other claims for community waste, like gambling or drug use. The issue that is typically litigated with community waste claims is the term "concealment." If you knew about the gambling, or participated with her, then it will be considered a “recreational cost” and not community waste. So, the best waste claims are those that are made right away, not a claim from 3-10 years ago.
If, during the course of your divorce, you find massive amounts of ATM withdrawals that appear to be money that was socked away to hide from the divorce, that too would give rise to a community waste claim.
If you feel that you have or may have a community waste claim, we can discuss the issue in greater detail at our initial consultation.
Please contact our office to set up your free initial consultation to discuss this and other issues related to your case.