Robaczynski v. Robaczynski
To establish dissipation, a party must prove intentional waste or selfish financial impropriety, coupled with a purpose unrelated to the marriage. The parties married in March 2003 and have three children. The defendant husband, 37, earns $2,990 gross per week at The Hartford Financial Services Group. The plaintiff wife, 37, earns $257 gross per week working part-time as a certified nurse's aide and part-time at a law firm. The parties engaged in counseling for several years and the court did not find either party at greater fault for the breakdown of the marital relationship. The court ordered the husband to pay $1,000 per week, as unallocated alimony and child support, until Oct. 11, 2014 and then to pay $200 per week as alimony until Oct. 11, 2016. The court ordered the husband to pay $437 per week as child support, starting in October 2014. The court ordered the parties to sell the marital residence and to divide equally the net proceeds of sale. The court awarded the wife the Dodge and the husband the Volvo. The court credited the wife's testimony that in 2009, when she became convinced that the marriage would end in a divorce, the husband started to write large checks to his parents and to buy himself frivolous, expensive gifts. "[T]he more credible evidence," wrote the court, "establishes that the pattern of gifting and reckless spending, viewed as a whole, demonstrates that the defendant conveyed and wasted marital assets in anticipation of a divorce." The court found that the husband dissipated $110,242 in marital assets, and it ordered that he pay 50 percent, or $55,021, to the wife, at the rate of $1,533 per month. The court also ordered the husband to pay $10,000 toward the wife's attorneys' fees at the rate of $833 per month.