What Can I Do if My Spouse Emptied Our Joint Bank Account?

It’s no secret that divorce can bring out the worst in people. However, you may not have anticipated that your spouse would engage in petty actions, like draining a joint bank account, just to get back at you during your divorce. Unfortunately, this can happen, so understanding what to do in these situations is critical. These circumstances can be incredibly difficult to navigate, which is why it’s critical to connect with an experienced Morris County divorce lawyer to help you fight for justice. The following blog explores what you must know if your spouse has emptied a joint account, as well as how assets are divided in New Jersey.

How Are Assets Divided During a Divorce?

If you are going through a divorce in New Jersey, and you and your spouse cannot agree on how to split your property, the court will step in to determine the outcome. As such, it’s critical to understand how your assets will be divided. However, the first step in this process is to determine which assets are marital and which are separate, as only marital property is subject to division. Generally, marital property is anything obtained during the marriage or was comingled with martial property, while separate property is owned before the marriage or obtained following the separation. In some instances, gifts and inheritances obtained during the marriage will also be considered separate property depending on the circumstances in which they were given.

Once you’ve determined what property is subject to division, it’s critical to understand how the state will divide these assets. New Jersey, like the majority of states, adheres to an equitable distribution method. Essentially, this means that your joint assets will be split based on each of your contributions to the marriage, rather than being automatically evenly split. As such, you’ll find that one spouse could receive more assets than the other.

Do I Have Rights if My Spouse Emptied Our Joint Bank Account?

If you discover that your spouse has emptied your joint bank account, it can be cause for concern. However, it’s critical to understand that you have legal rights during these matters. In many instances, the court will not look favorably upon a spouse who tampers with joint assets during a divorce. As such, it’s critical to document the withdrawal through bank statements or online banking notifications.

Next, you’ll want to connect with an experienced lawyer to help you take the correct steps in halting any direct deposits to the account. While this is important to protect yourself, you should not make this change without first consulting an attorney.

Once you’ve gathered evidence of your spouse’s activity on the account, you can petition the court for relief. As such, the court may order your spouse to return the funds they’ve removed, even if they’ve already spent the money. Additionally, the court could increase your alimony payments or grant you a larger portion of the funds.

Divorce can be incredibly stressful. That’s why it’s imperative to connect with an experienced attorney to assist you during these difficult matters. At Haber Silver Russoniello & Dunn, our dedicated legal team will do everything possible to help guide you through this period. When you need help with your divorce, do not hesitate to contact us.