Can my spouse close our joint account and take me off the car/health insurance if I leave after 24 long years of marriage?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my spouse close our joint account and take me off the car/health insurance if I leave after 24 long years of marriage?

I have been a stay at home mom for over 20 and now threaten to have that taken away from me. Can’t afford a lawyer right now, so I just need some advice on what my legal rights are.

Asked on January 14, 2016 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your spouse should not be able to close the account without your consent, since it's a joint account. If the bank errs and let's him do that, you could, in the context of a divorce proceeding, get a court order requiring him to restore you share of the funds to you.
He can take you off the insurance unless there is a court order to the contrary, which order would, again, be obtained in the context of a divorce proceeding.
If you are leaving, you will want to file for divorce; only that way can you get an order obligating him to support you (e.g. pay alimony) and also giving you your share of the joint or marital assets.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption