Q: My husband wants a divorce. Am I allowed to empty half our bank account before he leaves me destitute? Please help
A:
It depends. You may be restricted by something called an Automatic Temporary Restraining Order (ATROS) which would prevent you from doing what you're contemplating. Even though you're only withdrawing half of the joint bank account (as opposed to all of it), a judge could find you in violation anyway and force you to put it all back.
Your remedy for support should be via something called Temporary Spousal Support. You have to request this from the court but it very routine. What most commonly happens is a spouse files the case and requests temporary support at the same time or responds to a divorce case and requests temp support at the same time.
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A: With automatic temporary restraining orders prohibiting the transfer of money and property except for ordinary daily expenses, you would most likely be in violation of temporary restraining orders. The orders are in place if a case is filed. There is more flexibility to make transfers prior to filing a divorce, but the money can be traced since it is still community property most likely. If he is the bread winner, you may be able to request spousal support. Discuss the case with a family law attorney. Emptying out a bank account under any circumstances is a bad idea.
A: It depends on when you want to do that: before or after the divorce is filed. You have the right to access your own funds in a bank account, but if you try to take community funds after a divorce is filed, be careful that you do not violate the automatic restraining orders that are effectuated upon the filing of a divorce. If you take funds that do not belong to you, there may be a right of reimbursement claim brought by your ex-spouse during the divorce. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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