My Spouse is Trying to Cut Me Off Financially

During a marriage, it is very common to see that one spouse makes significantly more money than another spouse and supports the family with that income.

The other spouse may not have to have an income because one is enough, or they have an income but it is not enough to support themselves.

This is perfectly fine in a marriage that is not heading towards divorce, but if it starts to head that way, it can end very badly. The more-monied spouse has significantly more control because as the saying goes, money is power. Unfortunately, many more-monied spouses will cut off their spouse financially if the relationship suffers. This can be a serious source of stress for the spouse who doesn’t have as much income and they may feel trapped in their marriage.

Our team has seen cases where one spouse attempts to control their spouse’s spending by freezing or depleting their shared accounts. If your spouse has financially cut you off, you have legal rights. You are entitled to something called the financial status quo, and it is illegal and financial abuse for your spouse to keep marital funds from you.

What is the financial status quo?

Financial status quo refers to the standard of living that you and your spouse maintained during marriage. When you’re getting divorced, you have a right to this standard until your marriage is officially dissolved. Your basic expenses should be covered, and you should retain access to all shared accounts.

Neither spouse has the right to close or deplete any marital accounts, nor deny their spouse access to the marital estate in any way. Your right to financial status quo means that you do not have to drastically modify your standard of living just because your spouse wants to control your bank accounts.

What if my partner drained our bank accounts?

Unfortunately, our team does see this happen. In about 30% of cases, one spouse attempts to illegally control finances before a divorce is finalized. It tends to be motivated by power and control, and there is no scenario in which this is legal. Though people may think they can get away with it, there’s no loophole that would allow it.

If your spouse has put you in a position where you can’t access your finances, you need to go to court right away. You have a legal right to the funds that are part of your marital estate, and you can get them back. The court will quickly determine your financial status quo and order that your spouse immediately gives you access to your accounts or replaces the funds they took from it.

You can apply for an interim maintenance order separately and we can also apply for a legal services order for your spouse to pay for your legal fees.

If you have been cut off financially by your spouse and wish to get a divorce, please contact us.