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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 |

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.

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Attorney answers 6


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.

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


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.

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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.


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


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.