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.