• Divins & Divins


When an action for divorce is started, many times one spouse discovers that their partner has taken significant money from the joint bank accounts just prior the filing of the action. This does not mean the money is gone or that you will not be entitled to your share of that money. The question really is when and how you will get your share of this money. First, realize that half of this money does actually belong to your spouse. There are exceptions to this rule but generally, half of the money does belong to your spouse. Before running into court, simply ask for your half back. It is the quickest and most economical way to get your money back. If that fails, your attorney has options. You can run into court and bring this issue up with the Court. The goal here is to have an agreement created and ordered by the court to have your half of the money returned to you. If all that fails and you are forced into a trial, the Judge will ultimately decide how the money is distributed.

For the spouse that took the money, realize that all things being equal, half of that money does belong to your spouse. If for whatever reasons you believe that you must take the money understanding at some point you will have to account for that money. Put the money into an account and keep track of how you use this money. You will have to return half and you might consider putting half of this money back immediately. Keeping it and forcing the court to order you to put it back may not be in your long-term best interests.

Ultimately, playing these games with money is in no one’s best interests. Divorce is hard enough, limit the issues that need to be addressed to things that are absolutely essential. Focus on your outcome, stay strong and keep taking ground.

© 2019 by Divins & Divins, P.C.

600 Old Country Road,

Garden City, NY 11530, Suite 337

Tel: 516-228-5050/ Fax: 516-228-8160

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