use of money I earn – to save or spend

Get Legal Help Today

 Secured with SHA-256 Encryption

use of money I earn – to save or spend

I have been married for 36 years, working full-time 95 of that time. My husband increasingly demonstrates little regard for the opinions and choices of others, including me. Both of our paychecks are deposited into a joint checking to pay bills with little left over due to paying off college loans for our children. He basically took over the savings account I used as short-term savings (e.g., vacations, anticipated larger expenses, putting aside money for clothing, etc.) for 20 years when he deposited the nominal inheritance he received from his mother. He now refers to the account as ‘his money.’ He takes money out and stores cash in the house in case there is a ‘collapse’ or he wants to use it. He flips out if move money in and out of it. This is part of increasing controlling behaviors that he has developed and has made life with him increasing unpleasant. He has trouble following through with things and often makes poor superficial business decisions. If I open an account in my name and move say $100 each week from my check to this account can I legally assert a

Asked on May 31, 2019 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can stop him from accessing that money while you are married (since if you don't put him on the account, he'll have no right or abilty to access it), but you can't exclude him from it in a divorce.
That is, while you don't have to give him access to the account while you are married, if there is a divorce, the court will consider all money earned by either spouse during marriage as part of the marital assets and will divide all such money, regardless of the account it is in. It does this specifically to prevent the breadwinner from impoverishing the other spouse simply by putting money into their own sole, not joint, account.


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