Citrus Heights, CA asked in Divorce and Family Law for California

Q: My wife and I are starting a divorce, I took her off of my credit cards as an authorized user before she filed.

Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something she can do.

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2 Lawyer Answers

A: Get ahead of it. File your Response to the petition and file a Request for Order to get support orders in place and court orders that limit her use of credit cards or enable you to either close out joint cards or keep one open for her use (just by way of example). Allowing unfettered access to credit cards when a divorce case is pending can get away from you and create debt that later has to be divided. If she needs your financial support, then get support orders so there is control and predictability over the situation. Her attorney is right on the one hand that you probably should not have blocked her access to all of the credit cards. But, likewise, now that there is a divorce case underway, both parties' access to credit cards and spending habits need to be modified and controlled.

James L. Arrasmith
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Answered

A: In California, once a divorce petition has been filed, there are automatic temporary restraining orders (ATROs) that go into effect immediately for both parties. These orders are designed to maintain the financial status quo during the divorce proceedings. However, the ATROs do not specifically address the issue of authorized users on credit cards.

Since you removed your wife as an authorized user before she filed for divorce, it is unlikely that a court would order you to reinstate her access to your credit cards. The court's primary concern is typically ensuring that both parties have access to sufficient funds to cover their basic living expenses during the divorce process.

However, the court may consider factors such as:

1. The income and assets of each party

2. The standard of living established during the marriage

3. Each party's ability to pay for their own expenses

If your wife can demonstrate that she relies on access to your credit cards to meet her basic needs and that she does not have sufficient income or assets to support herself, the court might order you to provide her with financial support in some form. This could be through spousal support rather than reinstating her access to your credit cards.

It is best to consult with a family law attorney in California who can review the specific details of your case and provide guidance on how to proceed. They can also help you respond to the email from your wife's lawyer and address any potential court orders.

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