Gambling Losses Amounted to Dissipation of Marital Property
The trial court abused its discretion in not considering the husband’s dissipation of marital assets in equitably distributing marital property in just proportions where: (1) the marriage was irreconcilably broken as far back as 1992, when the parties separated and the wife filed the first dissolution petition; (2) they separated in 1992 because the husband incurred gambling-related debts; (3) the husband moved back into the marital residence in December, 1992 on the condition that he not incur more debts; (4) although the parties occasionally slept together, they lived separate lives for the most part; and (5) because the husband secretly continued to incur debts in spite of agreeing not to do so, the purported reconciliation in December, 1992 was pre-textual. In re Carter
The trial court in a marriage dissolution case did not err in holding that dissipation occurred with regard to the husband’s gambling; however, in light of the husband’s testimony which suggested that at least some of the gambling activity was related to the entertainment of business clients, there was no abuse of the court’s discretion in not making any specific allotment for this in its property distribution. In re Hagshenas
