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MY SPOUSE CLEARED OUT THE ACCOUNT


Prior to a divorce action it may be discovered that one spouse withdrew a significant amount of money just prior to commencement of your divorce action. However, this does not necessarily mean that you will not be able to coup your share. The question to ask is when and how you will get this money back. First, realize that you are only entitled to half of the money taken because the other half belongs to your spouse. The quickest and most economical way is to simply ask your spouse. If that fails, your attorney has options as you can seek court intervention and bring up this issue. The goal is to enter into an agreement, which you should get ordered by the court, to get your half of the money returned to you within a specific time period. If that fails and you are forced into trial, the Judge will ultimately decide how the money is distributed.


If you are the spouse that took the money, realize that all things being equal, half of that money does belong to your spouse. If for whatever reasons you believe that you need this money, understand that at some point you will have to account for it and more than likely return half of it to your spouse. If the court orders, you to return it then it will look unfavorable and may not be in your long-term best interests.

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