If your spouse has drained your bank account during your divorce case in Ohio, you may not know what your legal options are or whether or not this is even allowed. In these types of circumstances, you usually need to act quickly to protect your remaining financial assets.
Are you worried about your spouse draining a shared bank account or hiding assets during your divorce in Ohio? If so, check out this article, where we will discuss what to do if your spouse drains a bank account during your divorce in Ohio and the possible repercussions of this.
Is Draining a Bank Account Before a Divorce Legal?
In most marriages, spouses will share certain bank accounts, making them joint accounts. So, when you begin the process of getting a divorce, these accounts are considered to be either separate or marital property. This means that neither spouse can take advantage of these accounts until the court reviews them and fairly divides any assets that are considered to be marital.
If you realize that your spouse has drained a bank account before your divorce in Ohio, this can have a devastating impact on your financial situation. In most cases, the court will view this as financial misconduct if the account is drained before the divorce, as the timing is suspicious. This will usually apply even if the bank account is technically separate property, as it still needs to be evaluated before assets are divided.
How Courts Address Financial Misconduct
Financial misconduct in a divorce in Ohio can include several different scenarios. Generally, this includes any instance where one of the spouses hides, destroys, misuses, or doesn’t disclose marital assets.
When one spouse is found to have acted in this way, there are usually two types of repercussions that may follow. The court may award the other spouse a larger share of the marital property, or they may receive a distributive award, which is a separate payment that the court can order.
If your spouse commits any financial misconduct during the divorce, this can also raise red flags. The court may scrutinize the details of the divorce more thoroughly to ensure they haven’t tried to hid or misuse other marital assets.
What to Do If Your Spouse Drains a Bank Account Before Your Divorce
Specifically in financial misconduct scenarios involving bank accounts, this can have a devastating effect on your personal finances. However, the good news is that there are legal options available to help you address this problem and find a solution.
The best option you have available is to request emergency divorce orders in Ohio. The court can provide a financial restraining order to freeze financial assets so that your spouse cannot drain any other accounts. Depending on the timing, this can also freeze any financial transfers that are being processed.
To get a financial restraining order, you need to file a motion with the court providing proof of why this is necessary. Here are some examples of the types of documents you should include with your motion to prove financial harm:
- Bank statements
- Documentation of unpaid bills
- Bills and receipts from your spouse’s spending
- Evidence of unauthorized withdrawals
Keep in mind that Ohio does allow many different types of bank account withdrawals during divorce proceedings as long as they are considered necessary. For instance, any withdraws for regular household bills or necessary living expenses are usually allowed.
How to Protect Yourself Financially
Many people going through a divorce worry significantly about how their finances will be impacted. Especially if the relationship is strained, you may worry about your spouse taking advantage of shared financial assets before the divorce is finalized. And if that is the case, there are certain steps you can take to protect yourself, including:
- Document accounts: It’s strongly recommended that you thoroughly document all of your shared accounts, reflecting their normal balances. Doing this can help you prove what the balance should be if your spouse tries to take from any of these accounts.
- Document transactions: You should also gather statements for all account transactions as a way of documenting normal and abnormal occurrences. Not only can this help you establish normal and ongoing transactions, but it can also help you document your spouse’s spending habits.
- Monitor accounts: Throughout your divorce case, you need to closely monitor all accounts that your spouse has access to. Doing this can help you quickly note any unusual withdrawals or transfers.
It’s also a good idea to get the help of an experienced divorce attorney in Montgomery County, Ohio. An attorney can help you better protect your financial assets during your divorce, as well as gather the necessary documentation if you suspect financial misconduct.
FAQ Section
Can I withdraw money before filing for divorce?
It depends on why you are withdrawing the money. Ongoing expenses or necessary living expenses are usually allowed, but anything out of the ordinary may be seen as misusing financial assets.
Will the court make my spouse repay the money?
Yes, as long as you can prove that their behavior matches the standard of financial misconduct. To do this, you will usually need to gather documentation proving what the account statement originally was, that the withdrawal was out of the ordinary, and that it caused financial harm.
What counts as hiding assets?
Your spouse could be found to be hiding assets during a divorce if they attempt to transfer, dissipate, or conceal marital property. This could also be the case for certain types of separate property, as the distinction between separate and marital assets isn’t always entirely clear.
Can I get emergency court relief?
Yes. If you can prove that your spouse has committed financial misconduct, you can receive a financial restraining order that freezes all your remaining assets so that they cannot withdraw anything else. This is a temporary order that takes affect until the court can review the withdraw.
Hire a Divorce Attorney in Ohio
If you suspect financial misconduct during your divorce in Ohio, don’t wait to get representation from a divorce attorney in Montgomery County, Ohio. Richard P. Arthur, Attorney at Law, has extensive experience handling divorce cases and can help you preserve and protect your finances from financial misconduct. To proceed with your case, contact us today at 937-254-3738 for a free consultation.