Veteran Fairfax, VA Family Law Attorney Claudia Zucker On Marital Asset Concealment

As a divorce and family law attorney in Fairfax County, I am frequently asked about dissipation—marital asset concealment during separation or the dissolution of marriage process. Many individuals who are pursuing divorce in the Commonwealth of Virginia are under the impression that they can keep marital assets out of the divorce settlement by spending, destroying, or concealing them. This is a misconception, however, that can negatively impact their share of the equitable distribution of assets during the divorce proceedings. As their divorce attorney, I caution my clients about dissipating marital assets through concealment, destruction, or an increase in spending habits. Conversely, if it can be shown that my clients' spouses are engaged in any of these diversionary tactics, I pursue recovery of the wasted assets in the litigation on behalf of my client.
There is a clear distinction between wasting assets in an effort to hide them in litigation and spending money in litigation for a legitimate purpose. For example, clients frequently have to spend marital assets during a divorce for the purpose of paying their legal counsel, and expert witnesses to help them further their positions at trial.

Protection of Marital Assets in Virginia

All of the following actions could be considered the dissipation of marital assets by the Fairfax County Circuit Court:

• A Fairfax husband transfers the balance in his money market account to another account held by his sister.
• A divorcing woman in Alexandria intentionally makes an unwise investment after she and her husband have separated.
• A Manassas man smashes all of the china and crystal that he and his wife received at their wedding to prevent her from obtaining them in the divorce.

Even in cases where the spouse was never aware that a particular piece of property or fund existed, if it fits Virginia's legal definition of a marital asset it has to be included in the divorce process. Even if you believe an asset to be separate property outside of marital property, you still have to make the other side aware of its existence.

Contact a VA Family Law and Divorce Attorney

If you have any questions as to whether your spouse's transference, concealment, or destruction of assets would be considered dissipation of assets or wasting of assets by a Fairfax family court judge, contact a reputable Virginia divorce lawyer. A qualified Fairfax family law attorney can also give you advice as to whether any of your actions could be interpreted as dissipation under Virginia law. As a general rule, until you speak to a divorce lawyer, you should not modify any of your spending or investment habits.

Even in situations where both parties are amenable dissolution of marriage, divorce cases can be contentious. Protect your legal rights by retaining the services of a family law attorney immediately.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about division of property and concealment of marital assets? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.