Is it legal if I filed for divorce and my husband opened a separate checking account and moved his automatic deposit to it from our joint account?

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Is it legal if I filed for divorce and my husband opened a separate checking account and moved his automatic deposit to it from our joint account?

I filed for divorce. My spouse lives in another state. We have a joint account which I have been using for 7 months before filing for divorce. Today he opened a separate checking account and transferred his direct deposit from his job to that account to “protect himself”. I thought he could not do that according to the standard family law restraining orders or is that just referring to insurances.

Asked on February 21, 2012 under Family Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 12 years ago | Contributor

If you do not have a restraining order in place, there is nothing to stop him from doing such a thing. Technically, separation begins when you formed an intent to divorce, usually mearning when you filed a divorce. What he earns from work belongs to him as his separate property. Of course, if you have common household expenses such as mortgage, he must support that as well.

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