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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

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Can I take half the money out of our joint bank account?

By Spodek Law Group | July 27, 2023
(Last Updated On: August 1, 2023)

Last Updated on: 1st August 2023, 12:42 am

When you’re getting a divorce, one of the first questions you probably have is about your finances. You’re likely wondering how to make sure you get your equitable share of the marital assets. This may be all you have for survival, so it’s critically important.

Perhaps your spouse made threats to run off with the marital funds. Perhaps they promised that you’d get nothing if you went through with the divorce. Maybe these things haven’t happened, but you’re still wondering how to protect yourself.

Can I take out half the marital funds?

In New York, whether you can take out half the marital funds all comes down to the timing of your case. State law says that as soon as the divorce begins, neither party can transfer funds out of the marital accounts. You’re allowed to use the accounts to pay for ordinary, daily expenses, and that’s it.

This rule goes into effect as soon as one party serves the other with divorce papers. Until then, you’re still free to transfer funds as you see fit. As soon as service of process is complete, you have no option to transfer funds other than for ordinary expenses.

What are my options?

The best way to access your funds is to transfer the money you may need before you or your partner file for divorce. That way, you have the funds you need, and there’s no issue with New York’s divorce laws. If that’s not an option, there are a few other ways that you can get the help that you need.

First, you may be able to transfer assets with the consent of the other party. That is, if they agree in writing to allow you to transfer the funds, you won’t get in trouble with the court for doing it. This is something that you can work on with your New York divorce attorney to request from the other side.

In addition, you can ask the court to make an exception. You can ask the court to allow you to transfer the funds even if the other party doesn’t agree. You can also ask the court to award you temporary support payments. This is called temporary maintenance. Temporary maintenance can provide payments to help you meet your expenses while you wait for further court proceedings. The amount of maintenance you receive is largely based on your respective incomes.

A request for temporary maintenance can happen quite quickly. You need to complete papers to file with the court. You can work with your attorney to pursue temporary maintenance if transferring marital funds isn’t an option at this point in the case.

What happens if a party transfers assets?

If a party transfers assets despite laws or court orders, they can be held in contempt of court. That is, the court can penalize the person who transfers the funds. The court can impose a number of different remedies that might include ordering the person to return the money, ordering them to pay a fine or even ordering them to give the money to the other spouse outside of any other property division. The exact remedy depends on the specifics of the case.

Each case is different

If you’re considering a divorce or you’re already in the middle of one, a skilled New York divorce attorney can help you figure out the the best course of action. In your case, it might be wise to move assets before you file for divorce. When you’re concerned that the other spouse might try to stop you from accessing funds or even try to run off with marital funds, this might be the best choice.

On the other hand, there may be reasons that transferring the funds might not be the best idea. If you don’t think your spouse is likely to try and hide funds, transferring the money might send the wrong message. It might make the case hostile off the bat.

In either event, it’s important to work with an experienced attorney in order to determine the best course of action. They can give you guidance as to what you should do given the nuances of your case. It’s important to give your attorney complete information, so that they can give you advice that’s relevant to your case.

What if I transfer the funds?

If you decide to transfer funds, it’s important to document your actions. You need to be able to show the court where you move the money and how much you move. This can give the court confidence that you’re moving money for the right reasons.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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