Should I move my money from a joint bank account with my husband to one solely in my name before threatening with divorce?

Question Details: My husband has not worked in the past 5 years, after being fired for receiving a DUI. He has worked 5 years in the past 20 years. That was his third DUI, and despite my trying everything in my power to get him to go back to work, has refused to even look for a job. I want to threaten to kick him out, but I am afraid he will spend the money that I have earned and saved over the past 20 years. How should I go about protecting my money, and will it be divided equally if we were to get a divorce?

Asked 9/20/2009 under Divorce, Marriage, Alimony | 405 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Joanna Mitchell / Joanna Mitchell & Associates, P.A. Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

It is advisable to at least take half of the money and put it into an account in your own name, as otherwise, your fears could be realized. In Florida, it doesn't matter whose name an asset is in (and the money in the bank accounts is an asset), it matters when it was acquired in order to determine whether it is a marital asset subject to equitable distribution. There are also probably multiple other issues regarding debt and assets that are going to arise that would need to be resolved, and it is definitely advisable that you retain an attorney to assist you in understanding your potential rights and options during a divorce proceeding.

My office offers free initial telephone consultation if you would like to discuss your matter further. Should you wish to schedule a telephone consultation, please contact my office at 407-971-6140 so that we can discuss your matter in more detail.

Moving the money from a joint bank account to one in just your own name won't change how it's divided in the event of a divorce, but it will change who controls it in the meantime.  You aren't breaking any laws by doing it now (once a divorce was started, that would no longer be true, most likely).  You should also make sure that you have control of all the financial information you can find.

A local divorce attorney can review all the unique details of your situation, and give you reliable advice before you act.  It's the best approach.

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