My husband withdrew almost everything from our checking account.

Is that legal? I’m a housewife with two kids.

Asked on April 7, 2017 under Family Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As long as you are married, it is legal: either joint account holder (e.g. either spouse) may withdraw any amount or all the money in it, and has no obligation to put more in or replace the money. If you divorce him, the fact that he did this will likely count against him when determining the support he has to pay you or the division of assets: e.g. in a divorce proceeding, you may be compensated for this. If/when you file for divorce, you can seek a court order on an "emergent" (think: "urgent" or "emergency") basis to require him to provide support or money, or pay bills, on an interm or temporary basis, while the divorce is being resolved. You may wish to speak to a divorce or family law attorney *immediately*. But it's only when a divorce case is filed that the courts become involved and have power.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.