Worst Case Scenario: When Your Spouse Empties Bank Accounts Before A Fort Lauderdale Divorce

When a marriage ends, things can get messy between the couple. If you are getting a divorce in Fort Lauderdale, one of the worst-case scenarios is that your former partner drains all of your bank accounts. While it’s alarming and destabilizing, and it requires immediate legal action, the good news is that the funds are unlikely to be gone for good.

Fortunately, Broward County judges do not ignore financial misconduct in divorce proceedings. Our experienced Fort Lauderdale divorce lawyer explains how the court views drained accounts and ways to protect against missing funds.

How Broward County Courts Look at Drained Accounts in Fort Lauderdale Divorce Proceedings

While not every divorce is contentious, there are cases where you need to protect yourself against a disgruntled soon-to-be former spouse. One of the most common worst-case scenarios is draining funds from bank accounts.

Under Florida’s equitable division law, marital assets (including money in financial accounts) are distributed fairly between the parties. When one takes money from accounts without a prior agreement or a clear marital purpose, the court is likely to treat it as dissipation of assets.

When determining how to classify missing money, Broward County Family Court judges often focus on:

• The timing of the withdrawals, particularly whether they were close to a separation or divorce filing.
• The purpose of the spending, including whether it benefited the marriage.
• The size and pattern of withdrawals, not just one transaction.
• Any attempts to hide or move funds.
• The impact the withdrawal of funds has on your ability to pay household bills and get legal help in divorce proceedings.

If the court finds improper conduct, it could make up for missing funds by awarding a larger portion in your divorce settlement.

Worried About Missing Funds in Your Fort Lauderdale Divorce? Take These Steps Right Away

Drained bank accounts can leave you panicking and wondering how you will afford bills and other costs. However, rather than confront your spouse or accuse them of wrongdoing, take these practical steps to protect yourself:

• Collect bank and credit statements showing recent activity.
• Stop using joint accounts, unless advised otherwise.
• Open an individual account for income and necessary expenses.
• Avoid taking any actions on your own against your spouse, which could escalate the situation.

Courts can issue temporary orders to prevent further withdrawals, but you need to act right away. Get professional legal help to prevent further loss of assets and to protect your rights in a divorce settlement.

To Protect Against Missing Funds, Contact Our Fort Lauderdale Divorce Lawyer Today

When your spouse drains bank accounts prior to or during a Fort Lauderdale divorce, it can feel like a worst-case scenario. Fortunately, the law is on your side.

At Vanessa L. Prieto Law Offices, we help clients get temporary orders to prevent more losses and fight to ensure any lost funds are reimbursed as part of their divorce settlement. To request a consultation, call or contact our experienced Fort Lauderdale divorce lawyer online today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

browardclerk.org/Divisions/Family