Reedley, CA asked in Divorce for California

Q: If I open an individual checking during a divorce, & all the money in it is from after she left, can she still get half?

My wife moved out 2 months ago, and all the money going into our joint account is from my paycheck that I'm using to keep our current household going. If I switch to an individual account, are the funds still considered communal property?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: No. If she has moved out and a divorce has been filed, then you're considered separated already, although still married. Statute (Family Code 771(a)) says that each spouse's earnings after separation are their separate property. If you take your current, post-separation salary and put it in to a newly-opened bank account, that account should only have separate property in it which means your wife does not get half.

Andy

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