Legal Question in Banking Law in Kentucky

My brother is going through a messy divorce. He and his wife have had separate bank accounts for several months and have been living separately for two months. Today he was looking at his checking account online and saw a $250 charge for cable and internet. When we called the company, they confirmed that it was for his wife's address and that his bank account number had been used to pay for it during a time that he couldn't have possibly done it himself. Is what she did against the law? What is the punishment for a first offense?


Asked on 5/28/11, 6:51 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

No, it's not a crime, because technically they're still married and those are still marital assets. He can likely dispute the charge though with the bank, since he didn't authorize it.

I would recommend that he talk to his divorce attorney about it and see if he can get her held in contempt if there are any temporary orders in place that concern the division of their assets during the pendency of the divorce.

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Answered on 6/06/11, 11:09 am


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