In Re Marriage of Derr v. Derr
Loss of $45,000 by day trading was waste where husband was unable to give credible information about how and when he lost the money. Court not limited to the one-year time frame in the statute.
Loss of $45,000 by day trading was waste where husband was unable to give credible information about how and when he lost the money. Court not limited to the one-year time frame in the statute.
Trial court properly excluded from the marital estate the value of three properties which husband choose not to acquire during the divorce. The law does not require a party to a prospective divorce to take advantage of an opportunity to acquire property that would increase the value of the marital estate.
Failure on husband’s part to satisfy tax obligations falls within the definition of marital waste where husband exercised complete control over his business and made the business decisions.
Husband was obligated to disclose gifted land – each party has an obligation to disclose all assets, no matter how acquired.
Trial court properly exercised discretion in finding that husband did not commit waste by selling land for less than appraised value, or by taking one trip a year to Laos (but not more than one) or by withdrawing money from an account.
Court has authority to treat wasted assets as part of the marital estate regardless of whether it occurred within one year of filing.