Brosick v. Brosick
In Brosick v. Brosick, Ky. App., 974 S.W.2d 498, 502 (1998), clear and convincing evidence was not required to shift the burden of proof to the alleged dissipator to show the marital assets were not used for nonmarital purposes. The evidence must only show dissipation occurred during a separation or when dissolution was pending and that there was a clear intent on the part of the dissipator to deprive the spouse of marital assets. Id. at 500.
In Brosick, the court found dissipation where the dissipator was shown to have an intent to divorce in the future and failed to account for monies in a credit union account and joint checking account with his mistress where the total amount was above her individual means. "Once the dissipation is shown, placing the burden of going forward with the evidence on the spouse charged with the dissipation is reasonable because that spouse is in a better position to account for these assets." Brosick, supra at 502.