Legal Question in Family Law in Minnesota
Seperate Bank account
Other than filing for divorce, how would I go about getting access to my wifes checking account where she direct deposits her payroll check. This is joint income is it not?
2 Answers from Attorneys
Re: Seperate Bank account
It is joint income in a divorce. Until a court determines rights to it, access is determined by contract. If it is in her name, she is the only one who will have access.
Re: Seperate Bank account
Her income (or yours, for that matter) is "joint" only in the sense that it is earned during your marriage. That does not entitle you to obtain access to her income information, unless of course, you intend to file a joint income tax return. Since that would require you to both disclose your income, and submit W-2 wage statements, 1099's, or K-1's, you would then have knowledge of her earnings.
You can "discover" your wife's earnings in the context of a divorce proceeding, and indeed, review almost any of her private financial records. That does not mean her income is a "joint asset," however, but only that it may be relevant to the calculation of child support or spousal maintenance.
Outside the context of a divorce proceeding (or another adversarial proceeding in which her income is relevant), neither her employer, nor her bank, can be compelled to disclose her personal financial information to you without her authorization.
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