When Your Spouse Empties Your Joint Bank Account During Divorce: Understanding Your Rights

Divorce can be complex and emotionally charged. The last thing you want to deal with when going through a divorce is finding out that your spouse withdrew money from your joint bank account without informing you. Discovering that your spouse withdrew money from your joint bank account can cause panic. It may lead to many questions. How can your spouse do this to you? Will you get your money back? What should you do? Well, it is not uncommon for one spouse to take money from the account they share with the other spouse during divorce. If you and your spouse own a bank account together, you each generally have an equal right to access the money in the account. This means that either spouse has the right to empty it regardless of which party deposited what amount. However, during a divorce case, the situation is looked at differently. This is because money in a joint bank account is considered marital property, thus subject to equitable distribution. It is crucial that you understand your rights in the event that your spouse empties your joint bank account.

Ways Your Spouse Can Empty the Bank Account

Your spouse may empty the bank account they share with you in one of two ways. First, your spouse may withdraw all the money from the account. Second, your spouse may only take half of the funds from the account. Usually, courts do not frown upon spouses taking out half of the funds in a joint bank account, especially if the spouse withdrawing the money legitimately fears that the other spouse might try to take all the money. In other words, taking half of the money in a joint bank account during a Florida divorce is usually not considered illegal. However, remember that marital assets, including joint bank accounts, are subject to equitable distribution in Florida. This does not mean that spouses are entitled to a 50/50 split. Instead, it means that marital assets must be divided fairly. If your spouse takes half of the money from the bank account you share with them, it means they may take more than they are entitled to.

On the other hand, if your spouse takes everything from the bank account you share with them during your divorce, that could land them in legal trouble, especially if they took the money intending to hide it. In Orlando, Florida, there is a strict administrative order prohibiting the unilateral dissipation or concealment of assets during divorce. If your spouse takes out all the funds from your joint bank account during divorce, they may face contempt charges for violating the order.

What To Do if Your Spouse Empties Your Joint Bank Account During Divorce

If your spouse withdraws money from the bank account you share with them during divorce, the following are some steps you can take to address the issue and protect your rights;

• Stay calm
• Gather documentation related to the emptied account
• Consult with a lawyer
• Understand your rights. An attorney can help you understand your rights
• File a motion with the court, if necessary

Contact an Orlando Divorce Lawyer

For legal help, contact our skilled Orlando divorce lawyers at the Arwani Law Firm.