My husband withdrew almost everything from our checking account.
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My husband withdrew almost everything from our checking account.
Is that legal? I’m a housewife with two kids.
Asked on April 7, 2017 under Family Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As long as you are married, it is legal: either joint account holder (e.g. either spouse) may withdraw any amount or all the money in it, and has no obligation to put more in or replace the money. If you divorce him, the fact that he did this will likely count against him when determining the support he has to pay you or the division of assets: e.g. in a divorce proceeding, you may be compensated for this. If/when you file for divorce, you can seek a court order on an "emergent" (think: "urgent" or "emergency") basis to require him to provide support or money, or pay bills, on an interm or temporary basis, while the divorce is being resolved. You may wish to speak to a divorce or family law attorney *immediately*. But it's only when a divorce case is filed that the courts become involved and have power.
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