Hartley Law Office, LLC

Hartley Law Office, LLC

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Should I open a separate bank account during a divorce?

Going through a divorce in Ohio is often a financial strain on one or both people involved. Going from one household to two with the same amount of money can lead to issues and disagreements. You may run into a situation where your spouse takes money out of a joint account, leaving you with nothing. Before you get to such a state, you should plan ahead.

If you are the one filing for divorce, it is usually advisable for you to consider opening a bank account of your own before you file, according to Forbes. You may be able to take funds from a joint account and move them to your new account. In general, you will be entitled to half of the funds in a joint account, so you can probably safely take that amount. If you have direct deposit of your pay into the account, you should get that changed to go into your new account, too.

If your spouse files for divorce, then you may not know ahead of time and be unable to open your own account. If this happens, things may get complicated. An automatic temporary restraining order could be issued, which may prevent you from taking financial actions such as opening a bank account or withdrawing money from a joint account.

The best-case scenario, though, is to discuss your concerns with your spouse and come to an agreement where you divide the joint account and both open new accounts before you file for divorce. This information is only intended to educate and should not be interpreted as legal advice.

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