During the divorce process, it is not uncommon for one spouse to empty the bank account that they share with their other spouse. By being aware of how this can happen, and the legal recourse that is available in situations of this sort, it’s easy to ensure that one’s funds can be regained.
What Are The Ways In Which Might A Spouse Empty Your Bank Account During A Divorce?
A spouse may empty their spouse’s bank account, during a divorce, in one of two ways. The two ways a spouse may empty the other spouse’s bank account, in question, are as follows:
- Going into the joint bank account and taking out all of the money that is in the account.
- Going into the joint bank account and taking out half of the money that is in the account.
The two items above can lead to unique outcomes that affect legal proceedings in a variety of ways.
What Can Happen When A Spouse Empties Your Bank Account During A Divorce?
Regarding the first item on the list outlined in the last section, this is considered an illegal act. The reason this action is illegal is due to the fact that every divorce litigant, within the state of Florida, is bound to an administrative order.
The administrative order, in question, prohibits the spouses involved in a divorce from dissipating the assets that they own and, in turn, concealing these assets.
A failure to obey this administrative order by, say, taking all of the money out of a bank account and, then, attempting to conceal that particular action, can lead to a motion of contempt due to violating this order.
Regarding the second item on this list, this action is not considered an illegal act. Rather, if a spouse takes out half of the money in their shared account, then this is considered a valid act, as the account is a shared account.
To go along with the above, if a spouse claims to have done so out of fear that the other spouse would drain the entire account, then the validity of this action is further strengthened.
Even though a spouse can take out half of the money in a shared account, doing so can lead to conflicts that will affect the rest of a divorce. For this reason, it’s often wise to consult with a divorce lawyer before doing so.
What Should You Do If Your Spouse Empties Your Bank Account During A Divorce?
A spouse who empties half of their bank account is not committing any legal actions. For this reason, a spouse cannot do anything, so long as that bank account is a shared bank account.
But, if that same spouse empties the entirety of the bank account that they share with their spouse, then this is an illegal act that violates an administrative order.
To ensure that this money is not dissipated and/or concealed, the best thing one can do is to speak with a divorce lawyer. By doing so, that spouse can file a motion of contempt and, in doing so, move forward with the divorce.
Speak With A Tampa Divorce Lawyer
Going through a divorce is never easy and this is especially true if one spouse is attempting to dissipate and/or conceal the money in the bank account you share with them.
Speak with a Tampa divorce lawyer at Westchase Law, P.A. today and we will assist you in filing a motion of contempt and regaining control of your funds.
Sources:
ninthcircuit.org/sites/default/files/2004-05-05%20-%20Amended%20Order%20Governing%20Dissolution%20of%20Marriage%20Actions%20with%20or%20without%20Children.pdf
law.cornell.edu/wex/contempt_of_court