If you
spend marital money on a date, the court may give your spouse the same sum of money before the court divides the rest of your property during the property distribution.
If you
spend marital money to support your relationship with someone other than your spouse, you can be held accountable.
For example, if one spouse conducts an extramarital affair and spends
marital money on that affair, the court may consider that waste of marital assets when dividing the remaining marital property.
Marital money management is a tricky business, and using your spouse as a cosigner has several pros and cons that couples should consider together before signing any final paperwork.
This might occur if you deposit your wages or
marital money into your solely owned investment account.
For example, if a spouse
depletes marital money in a jointly - held bank account, while holding onto the separate money in his own bank account, the court may consider this during divorce proceedings.
Commingling most commonly happens
when marital money is mixed with your separate funds, typically because one or both of you made deposits or contributions to a premarital account during the marriage.
For example, a spouse deposits pre-marital funds into a joint bank account
with marital monies.
Courts are unlikely to consider spending that benefits the family as a dissipation of marital assets, but spending
marital money on a new love interest or paying off separate debts with marital money may be considered a dissipation.
Nonmarital property may include any assets and liabilities acquired prior to the marriage that has not increased in value due to
marital money or labor.
However, separate money or property that is commingled (mixed) with
marital money or property can become marital property that is divided at the time of separation or divorce.
However, if you and your wife later sell your home and you deposit the proceeds from the sale in this account for safekeeping, you've commingled your separate property with
marital money.
At worst, the entire asset may become marital property if you can't trace its original value and
the marital money that contributed to the current balance.