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I am getting divorced. All of our savings went to her savings account. Do I have a right to half that money in the process?,

Clearwater, FL |
Filed under: Divorce

This has been dragging on for a while. Can a motion be made to have access to some of the money. I am in the process of stating my business, and have very little resources.
Thank you.

Attorney Answers 6


  1. You can make a motion for a temporary hearing to request the court grant you access to these funds, which could be marital. I strongly advise getting a hold of a Florida divorce lawyer to help you if you aren't familiar with how to do this.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


  2. If they were marital funds put in "her" account during the marriage, then they are subject to equitable distribution.


  3. The answers of my colleagues are accurate, but here is a question for you to consider: do you really think it is a good idea to start a new business now? While the Courts can look at the assets of the parties at the time of the petition being filed, judges might tend to look at your new circumstances when making other decisions, especially if she is asking for alimony. Perhaps you should focus more on getting the case set for trial and get it over with before taking on new business and new income levels.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  4. During the time the divorce is pending, you may seek a partial distribution of marital funds. All you have to do is follow all the rules to seek temporary relief. I would not try this without counsel.


  5. The money is half yours. File a motion to get it. Contact my office for free consultation 727-446-7659


  6. I agree with counsel. You may file a motion seeking a partial distribution of marital assets, however, you should certainly first consult with an attorney to discuss the pros and cons of doing so.

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