Community Waste

When a spouse has spent money on something that does not benefit the community, the other spouse may seek reimbursement for one-half of the amount during the divorce. This is called a “waste claim” and is authorized by A.R.S. 25-318(C) that allows a court to consider “excessive or abnormal expenditures, destruction, concealment or fraudulent disposition” of community property. The most common examples of waste are money spent on affairs, a gambling addiction, or a drug addiction. It also covers a situation where one spouse transfers a community asset to a friend or relative in an attempt to avoid having that asset divided in a divorce.