Before I file for divorce from my husband, can I take half of money out of joint savings account, leaving him half ?

Asked over 3 years ago - Almont, MI

I do not want to get into trouble with the courts for doing this, I have read several articals on the net saying it is ok to do this........Also can i open a new bank account in my name only with out it being marital property to be divided at time of divorce.

Attorney answers (3)

  1. Henry S. Gornbein

    Pro

    Contributor Level 16

    Answered . You can divide the savings in advance. If you are worried that your husband will take the money then it is a good idea. If not, sometimes it is a bad idea because then it is looked at as a hostile act. I advise you to talk to an attorney who specializes in divorce before doing anything so that you can be fully advised of all of your rights. Good luck to you.

  2. Henry S. Gornbein

    Pro

    Contributor Level 16

    Answered . You can divide the savings in advance. If you are worried that your husband will take the money then it is a good idea. If not, sometimes it is a bad idea because then it is looked at as a hostile act. I advise you to talk to an attorney who specializes in divorce before doing anything so that you can be fully advised of all of your rights. Good luck to you.

  3. Michael H. Cutler

    Pro

    Contributor Level 12

    Answered . You may remove half of the funds without any penalty for your actions, as long as there are no orders of the Court restricting your actions. If this withdraw is completed before the divorce is filed, there should be no negative ramifications. Any asset acquired during the marriage will be deemed by the Court as a marital asset.

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