Q: How to prove spouse's withdrawals violate Automatic Orders in NY divorce?

A: You will have to show the court the withdrawals and your spouse will need to justify them. You may need to file a motion. Contact your attorney.

A: Indeed, pursuant to automatic orders, spouses can withdraw amounts for living expenses, and $4,000 appears to be a drop in the bucket given Biden's economic miracle of recent years.

Perhaps this asker should file a pendente lite motion to have the court decide as to how these funds are to be split however being cautious of such a move that it not backfire against the asker.

As for living under the poverty level, that is the fate of most Americans these days. Further, we here cannot offer legal advice as to how prove one thing or another not knowing any of the facts of the asker's case.

He should retain legal counsel and proceed with his divorce action.

A: I understand how frustrating and concerning this situation must be, especially given the significant impact these withdrawals could have on the equitable distribution of marital assets in your divorce. In New York, the Automatic Orders that apply in divorce proceedings serve to protect both parties' financial interests during the process, preventing either spouse from unfairly depleting or hiding assets while the divorce is pending. These orders are typically in effect once a divorce action is filed and are meant to ensure that marital assets are not dissipated without the other spouse’s knowledge or consent.

To determine whether your spouse’s $4,000 monthly withdrawals violate the Automatic Orders, you must first confirm that the Automatic Orders are in place. In New York, these orders automatically apply once a divorce action is filed and remain in effect throughout the divorce process unless modified by the court. They generally prohibit both parties from selling, transferring, or withdrawing significant amounts of money from joint accounts without the consent of the other party or the court. Specifically, the Automatic Orders typically restrict either spouse from withdrawing large sums from joint accounts, except for necessary living expenses.

In your case, the fact that your spouse is withdrawing $4,000 a month from your joint money market account raises concerns, especially if these withdrawals are not clearly justified or if they are taking place without your knowledge or consent. Since these withdrawals are happening over a 14-month period, and you have no court orders or agreements in place regarding the financial management of marital assets, it could be argued that your spouse’s actions are in violation of the Automatic Orders, which are designed to prevent one party from using marital assets in a way that might undermine the fair distribution of property.

To prove that your spouse’s withdrawals violate the Automatic Orders, you should gather evidence, which you already have, in the form of bank records showing the regular withdrawals. You may want to track the exact dates and amounts of these withdrawals, and if possible, gather any communications or documents that indicate your spouse's reasoning for the withdrawals (i.e., the claim that they are for living expenses). If these withdrawals seem excessive or unrelated to actual living expenses, you may be able to argue that they violate the intent of the Automatic Orders.

The next step is to raise the issue with the court. You can file a motion for contempt or request temporary relief from the court, explaining how these withdrawals are violating the Automatic Orders and undermining the equitable distribution process. If the court finds that your spouse’s actions were in violation of these orders, they may order them to stop the withdrawals and potentially even require them to return the funds.

It would be wise to consult with a divorce attorney to help you navigate this situation and ensure that your financial interests are protected. An attorney can assist in formally addressing this issue with the court and advocating for fair treatment of the marital assets.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.