Altamonte Springs, FL asked in Divorce and Child Support for Florida

Q: What are the laws regarding accessing my husband’s personal bank account transactions?

We have started talking about getting a divorce. I found out earlier in 2020 that he was having an affair. He has since changed his log in for his 401K account and withdrew money to go on a trip and she also went along. Then he just got terminated on Dec 27th and now has cashed out his 401k as well as his pension. He is now planning another trip. He is spending through the retirement and he has no job right now and we have 3 children. I know he has done this because I know his account number and his social security number and was able to call the automated bank system. Is me accessing this information against the law even though we are married and still living together?

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2 Lawyer Answers
Paul Ylvisaker
Paul Ylvisaker
Answered

A: First suggestion is to get an experienced family law attorney to guide you through process. Family law rules are built around premise that full disclosure is a requirement. How that occurs are through various legal mechanisms beyond the scope of this general question and answer forum.

Michael David Fluke
Michael David Fluke
PREMIUM
Answered
  • Dunedin, FL
  • Licensed in Florida

A: I would suggest you retain an experienced divorce attorney and file divorce immediately in order to protect the assets. There is law to establish marital waste for the money he has spent on his extra-marital affair, but it does you no good if there is no money left. Once filed, you can attempt to get into court on an expedited basis and freeze the funds. I wish you the best of luck!

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