Dear Attorneys,
My husband has a severe spending problem, and it’s one of the reasons that led me to file for divorce. We have a joint bank account, and I want to take all of the money out so that he can’t access it. Can I do that?
Sincerely,
Marla Money
Dear Marla,
When a dissolution matter is initiated, the Automatic Orders go into effect. They essentially say that neither party can dispose of, nor deplete an asset. If you were to entirely drain the bank account, you would deplete the asset. You can use joint funds to continue to pay regular household bills, and counsel fees. You can also remove half of the funds in the joint account and put such funds into a separate/personal account for yourself. The court would consider this to be fair and equitable since it would only be one-half of the funds and you would not be depriving your husband access to the remaining half. If for any reason you still feel as though you need to remove the additional funds, you should consult with your attorney and see if there is an option to file a motion regarding such.
Remember, you don’t have to navigate this challenging situation alone. Seek support from experienced professionals who can guide you through the legal process and help you make informed decisions. Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
