Published: November 30, -0001

An Experienced Family Law Attorney Explains Restraining Orders on Financial Accounts

Going through the divorce process is difficult enough, but when you find that your soon-to-be ex is hiding assets or money, you may need to have the accounts frozen. This will prevent your spouse from hiding or selling assets that you have an interest in.

Restraining Orders

In order to freeze assets during a divorce, your attorney must file a motion in court or obtain a temporary restraining order, which can prevent your spouse from changing the insurance policies, moving money to other bank accounts, or hiding or selling assets.

If your attorney is petitioning the family law court for a restraining order and the spouse violates it, the order keeps both parties from altering the financial status in the marriage before the divorce is finalized. This way, lawyers and accountants can examine the assets throughout the process.

Restrictions Once Restraining Order is in Place

When a restraining order pertaining to finances is initiated, it is generally stipulated that each spouse is only permitted to use assets that are for the necessary day-to-day living expenses. Sometimes, spouses are allowed to pay for specific expenses such as day care, but they can't pay for expensive gifts for other family members. However, each court has a variety of choices when it comes to the type of expenses they will monitor.

If you feel that your spouse is going to hide or sell certain assets, it's best to contact us for a consultation. We will make certain that all marital assets are presented to the court in order for the court to make a proper determination of the liquidation and division of your assets.