That’s Not Fair! How and When Dissipation, Depreciation, and Depletion Impacts An Equitable Division of Marital Assets ("Evolving Family Law")

One issue that often is raised in a dissolution proceeding is whether one party dissipated, depleted, or depreciated marital assets, and, if so, what remedy is available to the court to compensate the other party. Moss & Barnett's Jana Deach and Jim Vedder continue their examination of dividing marital assets, and how and when a court addresses the issues of depreciation, dissipation, and depletion under Minnesota law. Specifically, what facts support a finding of dissipation or depletion and in what instances will a court find that someone was accessing those assets for the “necessities of life,” meaning normal and regular living expenses?