In light of the 2013 and the 2016 amendments narrowing dissipation law, it is critical to understand how far back one can go in seeking dissipation as to when the marriage began undergoing an irretrievable breakdown. The 3 / 5 year cut-off rules provide that one cannot claim dissipation for a period of more than “3 years after the party claiming dissipation knew or should have known of the dissipation, but in no event prior to 5 years before the filing of the petition for dissolution of marriage.” And the 2013 amendments specifically for the first time included in the statute the phrase “began undergoing” for the time frame of the marriage’s break-up. This date should not be the date that a breakdown is necessarily inevitable although there is case law that states this.
When does Dissipation Start and the Impact of the 2016 rewrite
Published Date: May 2016
Last Updated: October 2022
Number of Pages: 13