Assumption: "My ex spent all our money after we separated. The court will just add it back."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Litigants believe that reckless post-separation spending will automatically be treated as still being in the pot — and that the court will compensate them for it.
Court Reality
Courts can add back wasteful spending — but the threshold is high. The spend must be wanton or involve clear dissipation, not just poor choices. Even then, judges have discretion and have refused to add back even six-figure sums. The mechanism exists — it is not automatic, and it is expensive to argue.
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The Gap?
"My ex spent all our money after we separated. The court will just add it back."
Court Reality
Courts can add back wasteful spending — but the threshold is high. The spend must be wanton or involve clear dissipation, not just poor choices. Even then, judges have discretion and have refused to add back even six-figure sums. The mechanism exists — it is not automatic, and it is expensive to argue.
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