Rules About Your Money During Divorce In Texas
When you are thinking of getting a divorce or the case has already started, it is natural that the thing that you’re worrying about – second only to thinking of your kids (if you have them) – is money. Of course, you have to think of the money. This does not make you a money monger or a bad person. You have to survive and pay for gas, water and bills.
Before you file for divorce, you might feel like hoarding some money away from your spouse to hire a lawyer. You might feel like freezing accounts, or you might worry that they will. On this page, our attorneys at The Cook Law Firm & Associates PLLC hope to teach you about the money rules of divorce to lessen some of your fears and prepare you strategically for what’s next.
How To Manage Your Money During Your Divorce
Below are common questions our team receives.
Can my spouse spend all the money when I file for divorce?
No. In Bexar County, there is something called a Standing Order Regarding Child(ren), Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship. Signed by all the civil district clerk judges, this order lists a number of local rules pertaining to spouses during divorce.
The specific rules about money during divorces in Bexar County are as follows:
- You are not allowed to destroy, remove, encumber, transfer or reduce the value of the property of either or both spouses.
- You are obligated to tell the other spouse, on request, about the property and amounts in all accounts.
- You are not allowed to damage any tangible property of the other spouse.
- You are not allowed to sell or transfer any property of yourself or your spouse during the divorce, including real property.
- You are also not allowed to take on any new debts other than legal fees for your divorce, except when it’s necessary to operate in the normal course of your life.
- You are not allowed to remove money from any accounts of either or both spouses for any purpose (except to run the normal course of life or to pay your divorce lawyer).
- You are not allowed to spend money, except in the normal course of life, such as paying the water bill.
- You are not allowed to borrow money from your retirement account.
- You are not allowed to sign the other party’s name on any documents.
- You are not allowed to take any action to limit credit or charge cards in the name of others.
- You are not allowed to take control of the other spouse’s vehicle.
- You are not allowed to stop the service of water, electricity, gas, phone, cable or other similar monthly bills at the residence of the other party.
- You are not allowed to lock the other spouse out of the house.
- You are allowed to take reasonable and necessary actions to work at your job and spend money to get a divorce lawyer.
What all of this means: Your spouse is not allowed to freeze you out or stop the utilities. You have the right to continue living in your house and driving your car. Your spouse is not allowed to bully you. You are not allowed to punish your spouse for filing divorce by wasting money or taking out loans.
What happens if my spouse breaks the rules?
If your spouse violates the rules by taking your car, locking you out of the house, freezing your credit cards or moving the money, then you need a temporary court order. Your lawyer will present evidence of what your spouse did, and the judge will order your spouse to give back the car, let you back in the house and/or let you continue to use your credit cards.
What happens if my spouse wastes money that they cannot pay back?
If your spouse decides to violate the rules, then you can sue them and take legal action, such as garnishing their wages until the money is paid back.
What happens if I can’t afford a lawyer?
You need to get an attorney, and if you do not have the ability to pay one, then you should take a loan from a family member or take a personal loan in order to see that this happens. Because you are allowed to use martial funds for divorce lawyers in Bexar County, if absolutely necessary, you can save up for a lawyer discreetly in your own account and expend the marital funds on a lawyer without getting in trouble.
Learn More About The Divorce Process
Need a Texas divorce lawyer in San Antonio? Call us today at 210-740-0281 or fill out our online contact form to schedule a consultation.