You check your joint bank account and find that your spouse has taken out most or all of the money. If you’re thinking about divorce, you’re probably wondering: Can they do that? And what happens to that money in the divorce?
In most cases, either spouse can withdraw or transfer money from a joint account. But that doesn’t mean your spouse gets to keep it. If marital money was intentionally wasted, hidden, or drained, Florida courts can take that into account when dividing your assets.
Here’s what happens when a spouse empties a joint account before divorce, what “dissipation of marital assets” means in Florida, and what you can do to protect yourself.
Is It Legal for Your Spouse to Withdraw Money From a Joint Account?
Usually, yes. If you’re both on the account, either of you can typically withdraw or transfer funds without the other’s permission, depending on the bank’s account agreement. But being able to withdraw the money isn’t the same as being entitled to keep it in the divorce.
Florida uses equitable distribution. When a marriage ends, the court identifies marital and nonmarital assets and debts, and it starts from the idea that marital assets should be split equally, unless there’s a good reason not to. So if your spouse empties a joint account full of marital money, that money is still part of the picture. Learn more about how property is divided in Florida divorce cases.
What Is Dissipation of Marital Assets in Florida?
Dissipation means one spouse intentionally wastes, spends down, or destroys marital property in a way that affects what’s left to divide.
Under Fla. Stat. § 61.075, a judge can consider the intentional dissipation, waste, depletion, or destruction of marital assets that happened after the divorce petition was filed or within two years before filing. If it happened, the judge may decide an unequal split of the remaining assets is fair.
Examples can include:
- Making large or unnecessary purchases with marital money
- Gambling away significant amounts of marital money
- Spending marital money on an affair partner (see how to protect yourself legally from a cheating spouse)
- Moving large amounts of marital money into a separate account to keep it from you
- Giving large sums to friends or family without a good reason
What Happens If Your Spouse Drains a Joint Account Before Divorce?
The missing money doesn’t just disappear from your case.
If the evidence shows your spouse intentionally dissipated marital funds, the judge can factor that in when dividing what’s left. For example, if your spouse spent a large amount of marital money right before filing, you can ask the court to count that money against their share.
If you claim your spouse wasted marital money, you’ll need proof of where it went and why it wasn’t a normal household expense. Helpful records include:
- Bank statements and transaction histories
- Transfer records
- Receipts
- Other account records
- Texts, emails, or other relevant communications
Florida’s mandatory financial disclosure rules also require both spouses to exchange bank statements and other financial records, which can help you trace missing money. If you think your spouse is hiding money, read more about hidden assets during divorce and what happens if you hide assets and get caught.
Does Timing Matter?
Yes. Florida law focuses on dissipation that happens after the petition is filed or within two years before filing. But timing alone doesn’t prove dissipation. The court also looks at why the money was spent, where it went, and whether the spending fits the couple’s normal financial habits.
Can You Stop Your Spouse From Moving More Money?
If your spouse is actively moving or hiding money, you don’t have to just wait for the final hearing. Under Fla. Stat. § 61.11, if a spouse is about to move property out of state or fraudulently transfer or conceal it, the court can issue an injunction against that spouse or the property. Once your case is filed, you can also ask the court for temporary orders to help protect marital assets while the divorce is pending.
Acting quickly matters here, so talk with a Florida divorce attorney as soon as you notice suspicious activity. Some spouses use these kinds of sneaky divorce strategies to get ahead, and the sooner you respond, the more you can protect.
How to Protect Your Finances During a Florida Divorce
If you think divorce may be coming, start organizing your finances now. Keep copies of records you have access to, including:
- Bank statements
- Investment and retirement account statements
- Tax returns
- Loan documents
- Records of marital assets and debts
These records will also help you complete your financial affidavit. You can ask your bank to set up alerts for large withdrawals or transfers, too. And before you close a joint account, move marital money, or separate your finances, talk with a divorce attorney first. How you handle joint accounts can affect your case. Our divorce checklist covers other steps to take before you file.
How Affordable Divorce Center Can Help
If your spouse drained a joint account, the first questions are where the money went and how to address it in your divorce. We can help you:
- Organize your financial records
- Review transactions that may point to dissipation
- Understand which assets are marital and which are nonmarital
- Ask the court for temporary orders when money is being moved
- Prepare the documents your divorce requires
Disputes over missing money usually need an attorney. Our low-cost representation gives you experienced legal help at hourly rates well below other firms, with payment plans available.
We serve clients in West Palm Beach, Boca Raton, and nearby communities. If you’re in Boca Raton, you may also find our guide to financial planning for divorce in Boca Raton helpful.
Contact the Affordable Divorce Center today to schedule a consultation.
Frequently Asked Questions
Can My Spouse Withdraw All the Money From Our Joint Account?
Usually, yes. Either account holder can typically withdraw funds without the other’s permission. But that doesn’t mean your spouse gets to keep it all in the divorce, especially if the money was intentionally wasted or hidden.
What Is Considered Dissipation of Assets in a Florida Divorce?
Dissipation is the intentional waste, depletion, or destruction of marital assets. Whether a specific transaction counts depends on why the money was spent or moved and where it went.
Can I Recover My Share If My Spouse Drained Our Account Before Divorce?
Possibly. If the money was marital and the court finds it was intentionally dissipated, the judge can account for it when dividing the remaining assets, such as through a credit or an unequal split.
Should I Empty the Account Too If I Think My Spouse Will?
It’s best not to act on your own. Taking money in retaliation can create new problems in your divorce. Talk with a Florida divorce attorney before moving any significant marital funds.
How Far Back Can Florida Courts Look for Dissipation?
Florida courts can consider dissipation that happened within two years before the divorce petition was filed, or any time after filing.
