Legal Question in Family Law in Florida
sharing joint income
Can my wife legally prevent me from accessing our joint funds by placing funds in her personal account
2 Answers from Attorneys
Re: sharing joint income
Not unless she has a temporary support court order allowing her to use those assets for support or a final judgment awarding her those assets. You should be able to get credit for the transfered assets later on in the process (assuming you are just starting the process).
In the mean time, I would ask the court for an injunction to prevent any more transfers.
Re: sharing joint income
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Joint marital assets should not be segregated by the wife placing funds in her personal account. You can apply to the court for an order prohibiting her from doing so and/or requiring her to return monies taken if a divorce has been filed. If not, when one is (if that is happening) you can ask the court to require her to account for the monies and to replace all missing funds.
If you have counsel, speak with your attorney who should know how this matter. If you have not retained an attorney, this may be a good time to consider doing so.
Scott R. Jay, Esq.