My Spouse Emptied Our Bank Account Before Filing for Divorce.
One of the most emotional phone calls I receive is from someone who has just discovered their spouse emptied the joint bank account before filing for divorce.
If this has happened to you, don’t panic.
While it’s certainly frustrating and can create immediate financial stress, it does not necessarily mean your spouse gets to keep that money.
Don’t Assume the Money Is Gone Forever
Many people believe that once the money has been withdrawn, there’s nothing the court can do.
That’s simply not true.
Arizona courts have the authority to examine what happened, determine whether community funds were improperly spent or transferred, and address those issues as part of the divorce.
The important thing is to act quickly and begin gathering information.
Start Collecting Financial Records
If money has disappeared, begin collecting documents as soon as possible.
This may include:
- Bank statements
- Transaction histories
- Cancelled checks
- Credit card statements
- Wire transfer records
The more documentation you have, the easier it is to determine where the money went and whether it was spent for legitimate community expenses.
Talk to an Attorney Early
Every situation is different.
Sometimes the money was used to pay legitimate bills. Other times it may have been hidden, transferred to another account, or spent for purposes unrelated to the marriage.
An experienced family law attorney can help determine what legal remedies may be available and what evidence should be gathered before anything disappears.
Don’t Try to Get Even if Your Spouse Cleared Out a Joint Bank Account Before Filing for Divorce
One mistake I occasionally see is the other spouse responding by withdrawing money from another account or selling property out of anger.
I generally recommend against taking matters into your own hands.
Instead, speak with an attorney and develop a legal strategy that protects your interests while keeping you in compliance with the court’s orders.
Key Takeaways: What to Do if Your Spouse Empties Your Bank Account Before Filing for Divorce
- Don’t panic if your spouse emptied a joint account.
- Begin gathering financial records immediately.
- Arizona courts can address improper transfers of community funds.
- Avoid retaliating before obtaining legal advice.
Talk to an Arizona Divorce Attorney
If your spouse has withdrawn large amounts of money before or during your divorce, it’s important to understand your rights. An experienced Arizona divorce attorney can help protect your financial interests and determine the best course of action.