Community waste is the excessive, abnormal, destructive, concealed, or fraudulent use or disposal of community property by one spouse that reduces what is available for the other spouse at the time of division.

Under A.R.S. § 25-318(C) the court can consider waste in dividing community property. Importantly waste does not require proof of intent. A spouse who negligently or recklessly depleted community assets can be held responsible even without malicious intent.

Common waste claims involve unexplained large withdrawals from community accounts, dissipation of retirement savings, gambling losses, drug or alcohol expenditures, gifts to a romantic partner, and concealed asset transfers. Document waste claims carefully.