Divorcing a Financially Controlling Spouse

 Posted on July 10, 2024 in Division of Assets

Some domineering spouses will use the couple’s marital finances to assert control within the marriage. This control sometimes rises to the level of financial abuse. If your spouse has been restricting your access to marital funds, forcing you to deposit your salary into an account that only has his name on it, or strictly controlling your spending, he may fall into this category. If you are ready to leave your marriage, there are steps you should take before filing for divorce and while your divorce is in process. You must be represented by a strategic Dupage County, IL complex divorce attorney throughout your divorce. A lawyer can work to protect your financial interests.

Protecting Yourself During Divorce From a Financial Abuser

You are just as entitled to the marital finances as your spouse is. Generally, neither of you has the right to prevent the other from accessing marital property. Steps your lawyer may suggest to protect your interests while you are divorcing a financially controlling spouse include: 

• Freezing assets - Financial abusers have been known to drain joint accounts, sell off stocks or cash in retirement plans, and conceal the funds in an account only they have access to. Some will transfer assets to an account in a relative or friend’s name or an account they do not think you can find. One way to prevent your spouse from doing this is to use financial restraining orders. A financial restraining order can freeze an asset until your divorce is finalized. 
• Check for hidden assets - Your spouse might be hiding assets to keep you from accessing them or even understanding what type of marital property you have.
• Review your marital assets with a lawyer - Your spouse may have made it impossible for you to gain a clear understanding of your marital financial situation. You might not know basic details like whether you have a retirement account or whether your spouse is telling the truth when he claims that you cannot afford things you believe you or your household need. 
• Scrutinize your prenuptial agreement - People who use money as a way to control their spouses often demand drastically unfair prenuptial agreements to frighten their spouses into believing that they will be left with nothing if they get divorced. This type of prenuptial agreement is generally unenforceable. 

Contact a Naperville, IL Financial Issues in Divorce Lawyer 

Calabrese Associates, P.C. is dedicated to helping spouses who have been subject to financial control get divorced. Experienced DuPage County, IL complex divorce attorney Michael J. Calabrese is the former chair of the DuPage County Bar Association Family Law Committee. Contact us at 630-393-3111 for a confidential consultation.