Can I Empty Our Bank Account Before I File for Divorce?

 Posted on February 12, 2025 in Divorce

Although there can be valid reasons for emptying your bank account before you file for divorce – or even taking "your half" of the money in a joint marital bank account – it may not be a good look when you are standing before a judge defending the action. However, there may be exceptions.

If you feel there is an immediate threat to your safety or that of your children, access to funds could be necessary. If you are worried that your spouse will deny you access to marital funds, then taking your half might be explainable. If you believe your spouse is hiding assets and you think it will take a forensic accountant to find those assets, taking bank funds could make sense.

Finally, if you believe your spouse will deprive you of all funds as a means of preventing you from paying a divorce attorney and filing for divorce, this could also be a valid reason to take your half before you file. A judge would not look kindly on a spouse who refused marital funds to pay attorney fees for a divorce.

If any of these scenarios exist, it is a good idea to speak to an experienced Oakbrook Terrace, IL divorce attorney from Farooqi & Husain Law Office. Your attorney can answer your questions regarding whether you should remove money from a joint account or even your personal account or whether such an action will generate more scrutiny from the judge.  

Do You Have Rights to Marital Funds Before Filing for Divorce?

If you have your own separate bank account that comes from an inheritance or gift given directly to you, then you can do whatever you like with the money. If, however, your personal account is funded with marital money – whether from you or your spouse – it is considered a marital asset to be split under the equitable distribution laws of Illinois.  

Withdrawing money from a joint marital account will also put you under scrutiny, although if you have a valid reason for doing so, the judge will likely be understanding. Suppose you know your spouse will refuse you access to any marital funds because he or she will be so angry about the divorce.

This would make it difficult for you and your children to pay for necessities after filing for divorce. You can ask the court for temporary spousal support and temporary child support while the divorce is in progress, but since this could take weeks or months, the court is likely to understand that you withdrew money for legitimate reasons.

Can You Close a Joint Marital Bank Account During Divorce?

If you believe your spouse could create a deliberate liability regarding marital expenses, like taking out a line of credit or overdrawing the account, you could have good reason to close a marital bank account. Any of those actions would leave you just as liable as your spouse for repayment of a loan or payment of overdraft fees.

In this case, it might make sense to close the account, but you must carefully document all funds withdrawn from the account and use those funds for legitimate purposes. Otherwise, you could find yourself ordered to repay the money to your spouse.

Do You Need a Financial Restraining Order?

In addition to asking for temporary spousal support and child support, some spouses may want to request temporary injunctive relief from the court. This prohibits the other spouse from closing accounts, selling or transferring marital properties, incurring marital debt, or changing beneficiaries on accounts. Such a request must include a factual basis in the form of an affidavit. If you are considering divorce, preparing financially (to the extent possible) is one of the best steps you can take.

Contact a DuPage County, IL Divorce Lawyer

It is important that you let your Oakbrook Terrace, IL divorce attorney know what you are doing and why. If you expect your spouse to make your divorce a high-conflict divorce, let your attorney know. When you choose Farooqi & Husain Law Office, you have chosen a firm with extensive legal experience and unique perspectives that benefit you during your divorce. Call 630-909-9114 to schedule your initial attorney meeting.