Legal Question in Banking Law in Florida

Divorce and checking account

I am about to tell my wife we are getting a divorce, i'm assuming she is going to make the process hell because she is not particularly stable. I had an individual checking account which I added her to later, can I remove her from that account and keep it, or do I have to close it and start over?


Asked on 1/19/08, 9:40 pm

1 Answer from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Divorce and checking account

If she is a signatory agent on that account (i.e.- she can sign checks and the bank has her signature card on record), then you cannot remove her from the account. You could legally remove all funds and place them in a checking account with only your name on it. However, I don't recommend that because this checking account will most likely be considered a marital asset subject to equitable distribution. What you could do it remove 50% of the funds and place it in a checking account in your name only. That should keep you out of trouble legally. I recommend that you hire a divorce attorney immediately and not take any such actions until you consult with him or her first.

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Answered on 1/20/08, 12:51 pm


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