Can My Husband Withhold Money During Divorce?

Written by Jeff Campbell in Money Relationship Issues Last Updated January 30, 2023

If a wife has to constantly ask her husband for money or feels more like a child and less like a partner, it can be frustrating and demeaning. But in the middle of divorce it can become a legal issue. So can a husband withhold money from his wife during a divorce?

In the United States, a husband cannot legally withhold money from his wife during a divorce. All marital assets must be divided equitably between the two parties, and any assets acquired during the marriage are considered marital property.

The court will decide how to divide these assets fairly if an agreement cannot be reached by the couple.

And yes, that’s even true if the husband is the sole breadwinner.

Ultimately, if your husband is not treating you like an equal, making you beg for money, or withholding money, you don’t have a money problem; you have a marriage problem.

But that’s not all there is to know.

So in this article, we’ll look at why this happens, what to do to fix it, and what your legal rights are, too, should you need to exercise them.

Just keep reading!

You CAN change your husband’s controlling behavior before it completely derails your marriage.

You may already want a divorce. I get it.

I’ve been in your shoes. You want to move beyond the feeling of being not seen as an equal. But if you aren’t 100% certain you want to throw in the towel, there is hope!

But you desperately want your marriage to have trust, and mutual acceptance, and to feel like you are both on the same team. Ultimately, this isn’t a money problem; it’s a marriage problem.

Luckily, all hope is NOT lost, and there is something you can do, even if your spouse isn’t willing to talk about or work on the problem.

The website Regain by BetterHelp offers licensed therapists who specialize in couples counseling and will work directly with you and your spouse online; anytime and from anywhere.

This quote from Brenda R. perfectly sums up the quality work Regain does:

“I was apprehensive about having a male couple’s counselor at first, but he has been amazing. We were close to ending our relationship but over time we’ve worked on our foundation and also expanding our communication. We would not be together if it weren’t for the direction from Tom (and the work we’ve done as well).”

Serious about saving or improving your relationship?

CLICK HERE to answer a short quiz and see if Regain is right for you.

Does financial status quo protect a wife financially during a divorce?

Financial status quo simply means that the spouse who has a smaller income or no income is entitled to the same standard of living they were used to before the divorce proceedings. They are entitled to this during and after the divorce process; at least for a time.

Often, but not always, this is the wife who may have been a stay-at-home mom.

And yes, it does mean that a husband is required to continue to provide the same standard of living during the divorce. Then in an uncontested divorce, the husband and wife will reach an agreement for what happens after the divorce.

A contested divorce means the judge will decide.

In some cases, the judge may issue a court order for spousal maintenance or alimony payments to be made from one spouse to another. This is typically done when one spouse has been financially dependent on the other for some period of time and needs assistance in order to maintain their standard of living after the divorce.

How much money for spousal support or alimony payments will depend on factors such as income, assets, and other financial considerations.

In addition, courts may also consider other factors such as length of marriage and contributions made by each spouse during the marriage when determining how much spousal support or alimony should be paid.

This can help ensure that both spouses are able to maintain their standard of living after the divorce and that neither spouse is left in an unfair financial situation due to the dissolution of their marriage.

Finally, courts may also consider any prenuptial agreements that were signed prior to marriage when determining how much spousal support or alimony should be paid.

Prenuptial agreements can provide additional protection for both spouses in terms of their finances during a divorce and can help ensure that both parties are treated fairly in terms of their financial situation after a divorce.

What should I do if my husband took all the money from our joint bank account during our divorce?

If your husband took all the money from your joint account during your divorce, it can be a difficult and stressful situation. The first step is to contact your bank and explain the situation. Ask them if they can help you recover the funds or if they have any advice on how to proceed.

Next, you should contact a lawyer who specializes in family law.

They will be able to advise you on what legal steps you can take to try and recover the money. Depending on the laws in your state, there may be options available to you such as filing a motion for contempt of court or seeking an order of restitution from the court.

You should also consider filing a police report if you believe that your husband has committed a crime by taking the money without your permission. This will help document what happened and may be useful if you decide to pursue legal action against him.

Finally, it is important to take care of yourself during this difficult time.

Make sure that you are getting enough rest, eating healthy meals, and engaging in activities that make you feel good. It is also important to reach out for support from friends and family members who can provide emotional support during this time.

What is the difference between separately owned funds and community property funds?

When it comes to divorce, the division of assets is a major issue. One of the most important distinctions to make is between separately owned funds and community property funds.

Separately owned funds are those that are owned by one spouse before the marriage or acquired during the marriage with separate funds.

This includes inheritances, gifts, and any other assets that were not acquired with marital funds. These assets remain the sole property of the spouse who owns them and is not subject to division in a divorce.

But don’t mistake a separate bank account for separately owned. if the money in the separate bank account was earned during the marriage, unless excluded by a prenup, it would be considered community property.

Community property funds, on the other hand, are those that were acquired during the marriage with marital funds.

This includes income earned by either spouse during the marriage as well as any assets purchased with those earnings. In a divorce, these assets must be divided equitably between both spouses according to state law.

It is important for divorcing couples to understand the difference between separately owned funds and community property funds in order to ensure that their assets are divided fairly and equitably in accordance with state law.

Knowing which type of asset belongs to which spouse can help avoid costly disputes over ownership and ensure that each party receives their fair share of marital assets in a divorce settlement.

Community property states include:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin

In three states—California, Nevada, and Washington—domestic partnerships are legally required to abide by community property law.

In five other states, couples can choose to be governed by community property law or designate certain assets as community property. These states are Alaska, Florida, Kentucky, Tennessee, and South Dakota.

If I get a job during the divorce can my husband claim half my earnings?

If you get a job during the divorce process, your husband may be able to claim half of your earnings. This is because all assets and income earned during the marriage are considered marital property and are subject to division in a divorce.

In most states, any income earned during the marriage is considered marital property and is subject to division in a divorce.

This means that if you get a job during the divorce process, your husband may be able to claim half of your earnings. However, it is important to note that this does not necessarily mean that he will be entitled to half of your salary; rather, it means that he may be entitled to a portion of it depending on the circumstances of your case.

It is also important to note that if you receive any bonuses or other forms of compensation from your job, these may also be subject to division in the divorce. This includes any stock options or other benefits you receive as part of your employment package.

Additionally, if you receive any gifts or inheritances during the divorce process, these may also be subject to division in the divorce. And don’t think you can just hide it or keep it a secret. If your husband gets a good divorce lawyer, they can easily uncover hidden assets.

And that hidden asset could wind up getting you in trouble with the court.

Finally, it is important to remember that each state has its own laws regarding how marital property is divided in a divorce.

Therefore, it is important to consult with an experienced family law attorney who can advise you on how best to protect yourself and ensure that you receive an equitable share of any assets or income earned during the marriage.

What happens if I charge purchases on a credit card during a divorce?

During a divorce, it is important to be aware of how you are using your credit cards.

If you are the one who has been issued the credit card, it is important to be aware of what you are charging on it. If you are making purchases that are not necessary for your day-to-day living expenses, such as vacations or luxury items, these purchases may be considered marital assets and could be subject to division in the divorce.

It is also important to consider how much debt you are taking on during a divorce.

If you are using your credit card to pay for legal fees or other expenses related to the divorce, this could increase your overall debt load and could have an impact on your ability to pay off the debt after the divorce is finalized.

Additionally, if you are using your credit card to purchase items that will benefit both parties in the divorce, such as furniture or appliances, this could also be considered a marital asset and subject to division in the divorce.

Finally, it is important to remember that any purchases made with a credit card during a divorce can have an impact on your credit score.

If you make too many purchases or take on too much debt during this time period, it can have a negative effect on your score and make it more difficult for you to obtain financing in the future.

Therefore, it is important to use caution when making purchases with a credit card during a divorce and ensure that all purchases made are necessary and will not negatively affect either party’s financial situation after the divorce is finalized.

What happens to a tax refund if it is received after a divorce is finalized?

When a divorce is finalized, any tax refunds that are due to either party must be addressed in the divorce settlement.

Depending on the specifics of the settlement, the refund may be split between both parties or one party may receive the entire amount. If the refund is received after the divorce is finalized, it must be handled according to the terms of the settlement.

Typically, a couple that divorced in the early part of the year would file a tax return as married for the previous tax year, and any refund due would typically be split.

If both parties are entitled to a portion of the refund, it must be divided according to what was agreed upon in the settlement. This could mean that each party receives an equal share or that one party receives a larger portion than the other.

The exact details will depend on what was agreed upon in the settlement.

In some cases, one party may receive all of the refund if it was specified in their divorce agreement. In this case, they would receive all of it regardless of when it is received. The other party would not have any claim to it even if it arrives after their divorce has been finalized.

It is important for both parties to keep track of any refunds they are due and make sure they are handled according to their divorce agreement.

If there are any discrepancies or disagreements about how a refund should be handled, both parties should consult with their attorneys for advice on how best to proceed.

Does a husband who has moved out have to pay child support during the divorce?

When a husband moves out of the family home during a divorce case, he may still be legally obligated to provide financial support for his children, prior to the terms of the official divorce decree.

As a general rule, the best interests of the children are taken into consideration when determining child support payments. It is always a good idea to consult with a divorce attorney or family court to determine what is best in each individual case.

In most cases, the husband will be required to pay child support until the divorce is finalized.

This is because it is in the best interests of the children to have financial stability during this difficult time. The amount of child support that must be paid will depend on a variety of factors, such as income and expenses.

It is important for both parties to remember that child support payments are not meant to punish either parent; they are meant to ensure that the children have their basic needs met during and after the divorce process. It is also important for both parties to remember that these payments can be modified if necessary.

The best thing for both parties in this situation is to work together and come up with an agreement that works for everyone involved.

If an agreement cannot be reached, then it may be necessary for a judge or family court mediator to make a decision about child support payments in order to ensure that all parties involved are treated fairly and equitably in accordance with state law.

If my husband moves out during a divorce, who pays the mortgage payment?

In most cases, both parties are legally obligated to make loan payments until the divorce is finalized. Even if one spouse moves out, they are still responsible for their portion of the mortgage payments.

Before filing for divorce, it is important to understand the legal implications of separation.

If a couple decides to separate without filing for divorce, they may enter into a legal separation agreement that outlines who will be responsible for making loan payments. This agreement should be reviewed by an attorney and approved by both parties before it can be enforced.

But not every state has legal separation, although the vast majority do. The states that DO NOT allow legal separation are:

  • Delaware
  • Florida
  • Georgia
  • Mississippi
  • Pennsylvania
  • Texas

If no legal separation agreement is in place, then both parties are still responsible for making loan payments until the divorce is finalized.

The financial institution that holds the loan will expect both parties to make their respective payments on time and in full each month. If one party fails to make their payment, then the other party may be held financially responsible for any late fees or penalties incurred by the financial institution.

In some cases, one spouse may take control of all financial matters during a separation or divorce.

This includes making all mortgage payments on behalf of both parties until the divorce is finalized and all financial matters have been settled between them. However, this does not absolve either party from their legal obligation to make loan payments during this time period; it simply shifts responsibility from one party to another.

Ultimately, when considering a divorce or legal separation it is important to understand who will be responsible for making mortgage payments until the process has been completed and all financial matters have been settled between them.

Both parties are legally obligated to make loan payments until this time period has passed and any agreements made between them should be reviewed by an attorney before being enforced.

What to Do if You Think Your Spouse is Hiding Money in Your Divorce

Final thoughts

In most cases, withholding money from a dependent spouse during divorce proceedings is considered to be a form of financial abuse and can have serious legal consequences.

If a husband is found to be withholding money from his wife during divorce proceedings, he could face criminal charges or civil penalties. Additionally, if the wife can prove that her husband was intentionally withholding money in order to gain an unfair advantage in the divorce proceedings, she may be able to seek financial compensation for her losses.

It is important for both parties involved in a divorce to understand their rights and responsibilities when it comes to finances.

If either party feels that their spouse is withholding money during the divorce process, they should seek legal advice as soon as possible in order to protect their rights and interests.

A qualified attorney can help both parties understand their rights and obligations when it comes to finances during a divorce and ensure that all parties are treated fairly throughout the process.

You CAN change your husband’s controlling behavior before it completely derails your marriage.

You may already want a divorce. I get it.

I’ve been in your shoes. You want to move beyond the feeling of being not seen as an equal. But if you aren’t 100% certain you want to throw in the towel, there is hope!

But you desperately want your marriage to have trust, and mutual acceptance, and to feel like you are both on the same team. Ultimately, this isn’t a money problem; it’s a marriage problem.

Luckily, all hope is NOT lost, and there is something you can do, even if your spouse isn’t willing to talk about or work on the problem.

The website Regain by BetterHelp offers licensed therapists who specialize in couples counseling and will work directly with you and your spouse online; anytime and from anywhere.

This quote from Brenda R. perfectly sums up the quality work Regain does:

“I was apprehensive about having a male couple’s counselor at first, but he has been amazing. We were close to ending our relationship but over time we’ve worked on our foundation and also expanding our communication. We would not be together if it weren’t for the direction from Tom (and the work we’ve done as well).”

Serious about saving or improving your relationship?

CLICK HERE to answer a short quiz and see if Regain is right for you.

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