If you are planning to file for divorce or you are in the middle of proceedings, you may be wondering if you can withdraw a large sum of money from your joint account. While divorce attorneys are asked this question often, the answer is not simple because each situation is unique. In all divorce cases, withdrawing money from a marital account can be viewed by the judge as an act of bad faith, and you run the risk of it negatively impacting your case. Thus, you should always confer with a knowledgeable divorce attorney before considering withdrawing money from a joint account.

Why You Should Not Withdraw Funds Prior to Your Divorce 

Family law judges focus on being fair during a divorce. Thus, when you remove funds from a joint account, you risk the judge viewing the act as selfish and an attempt to harm your spouse. If a judge believes you acted in bad faith, it will likely negatively affect you in the case.
There are certain circumstances where withdrawing money is necessary. If an emergency occurs and a withdrawal of funds is justified, you should keep all evidence proving why the money was withdrawn and how it was used. If possible, you should also contact your attorney prior to the withdrawal.
Circumstances Warranting Withdrawal of Funds from a Joint Bank Account:
Below are a few examples of when withdrawing money from a joint account pre-divorce may be justified:
1. Emergencies: Life can throw unexpected things your way, and there may not be time to seek the court’s permission to withdraw money when an emergency occurs.
2. Request from Opposing Counsel: If your spouse has an attorney, your divorce lawyer can contact him/her to secure the funds or permission to withdraw from the joint account. This is usually much quicker than seeking court permission.
3. Use Individually Owned Assets. If you have access to other assets you own individually, use those prior to withdrawing from the joint account. For example, if you have a savings account in your name only and you do not access those funds prior to accessing the joint funds, it will be problematic.
4. Use a Credit Card. If the emergency expenses can be paid with a credit card, consider paying with your card to cover necessary expenses.
Every Divorce Case is Unique
There is no simple answer to whether you can withdraw funds from a joint bank account pre-divorce. Every family law matter is different. If you and your spouse have a good relationship and can reach an agreement regarding the withdrawal of funds, it might be an easy decision. However, if you cannot agree and the overall financial picture is complicated, the judge could view the withdrawal negatively.
Unless the situation is urgent, the wisest approach is to avoid creating problems in your divorce case. Withdrawing funds from a joint account should be done with proper planning and the assistance of your divorce lawyer.
Having Legal Counsel Makes a Difference
There are many complicated issues that arise during a divorce case. Working with an experienced family law attorney is essential. No two cases are identical, so having legal counsel to provide the advice and guidance you need can make an important difference in analyzing your specific case. Additionally, your attorney can be effective in negotiating the withdrawal of funds from a joint account with your spouse’s attorney or, in urgent situations, seek approval from the judge.

Contact Babbit, Mitchell & Ogle Today

Every family law matter is unique, but understanding what Oklahoma courts consider in your case is critical. The best interest of the child is always the priority. The law requires both parents to financially support their children.
If you are looking for a family law attorney, contact BMO Law for a consultation. We aggressively fight on behalf of our clients. There are long-term implications for those affected by a family law case, and we are here to protect your best interests. Call us at (405) 692-7676 to schedule your appointment.
At BMO Law, you are not just getting one attorney, you are getting a team!