You know you want a divorce, but you feel completely stuck. Your spouse controls all the money: every bill, every account, every financial decision. How can you possibly leave when you don’t have access to the resources you need to survive on your own? It can feel impossible.
At The Law Offices of Michael A. Robbins, we understand this feeling of being trapped. Since 1982, we have helped countless individuals pursue divorce in these exact circumstances. The law offers powerful protections to safeguard your financial security during a divorce. You do not have to remain in a marriage because of financial control.
The Michigan court system can shield you from financial abuse by:
- Issuing protection orders that can prevent your spouse from physically harming or harassing you.
- Freezing accounts or restricting large financial transactions to prevent the depletion of marital assets.
- Requiring full financial disclosure to uncover hidden money or debts.
- Awarding temporary spousal support so you can afford basic living expenses while the divorce is pending.
Leveraging these legal tools during divorce is the first step toward safely leaving a financially abusive spouse and regaining your independence.
What Does Financial Abuse Look Like in a Marriage?
Financial abuse is a method of control that can take many forms during a marriage. Before the court can intervene, it’s essential to identify whether your situation constitutes financial abuse.
Common examples include:
- Restricting access to bank accounts, credit cards, or other financial resources.
- Forcing you to live on an “allowance” or to justify every expense.
- Concealing income, assets, or debt from you.
- Intentionally damaging your credit or accumulating debt in your name without your consent.
- Prohibiting you from working or pursuing your career.
- Using financial manipulation or extortion to control you.
If these behaviors are familiar, the court can recognize them as financial abuse and provide protection.
How Can a Protective Order Help Me During a Divorce?
A Personal Protective Order (PPO) is one of the legal system’s first lines of defense against a financially abusive spouse during a divorce. While often associated with physical threats, a PPO is a powerful court order designed to stop a wide range of coercive behaviors, including the stalking and harassment common in financial abuse.
A PPO can order your spouse to stop:
- Harassing you for money at your home or workplace.
- Threatening you or committing acts of violence over financial disputes.
- Interfering with your employment or ability to earn a living.
- Blocking you from retrieving your personal belongings from a shared residence.
- Damaging your credit or property.
Filing for a PPO at the beginning of your divorce establishes a comprehensive legal boundary while you seek additional financial protections.
Can the Court Freeze Accounts or Control Spending During Divorce?
Another way the courts can protect you financially during divorce is through various injunctions. At the request of your attorney, a judge can freeze specific marital assets to prevent your spouse from unilaterally liquidating them. This can apply to:
- Bank Accounts: Both joint and individual accounts may be frozen to prevent large, unusual withdrawals or transfers.
- Investment and Retirement Accounts: Access to brokerage accounts, 401(k)s, and IRAs can be restricted to stop your spouse from selling off securities or making early withdrawals.
- Lines of Credit: The court can prohibit either party from drawing on home equity lines of credit (HELOCs) or other joint credit facilities.
This preemptive action guarantees that assets remain intact for equitable division later in the divorce proceedings.
What If My Spouse Hides or Drains Money in Our Divorce?
The divorce process itself has built-in financial protections, with the most critical being the discovery phase. During this phase, both you and your spouse are legally required to provide a full and honest disclosure of all assets.
If your spouse attempts to hide or drain assets and this deception is uncovered, courts have several ways to penalize this behavior. For instance, a judge can order your spouse to pay your legal fees or even award you the full value of the hidden asset. This kind of misconduct also severely damages their credibility for the remainder of the case. These powerful legal tools are in place to promote a fair and equitable outcome.
What If I Do Not Have Money to Support Myself During Divorce?
Temporary spousal support orders are another powerful tool for financial protection during a divorce. This support is requested from the court at the beginning of the divorce proceedings. It is intended to provide financial stability to the lower-earning spouse during the divorce so they can cover essential living expenses, such as housing, food, and bills.
To request temporary spousal support, you must file a motion with the court. A judge will evaluate the financial circumstances of both spouses, considering factors such as income disparity and immediate needs, to determine whether an order is warranted and, if so, for how much. This support is not permanent; it typically lasts only until the divorce is finalized, at which point a long-term or permanent spousal support arrangement may be established as part of the final decree.
What Do I Need to Prove Financial Abuse in Court?
To leverage the financial protections the courts offer, you will need strong documentation. Building a compelling case for financial abuse requires gathering specific evidence to demonstrate a pattern of control. Focus on collecting the following:
- Financial Records: Bank statements, credit card statements, and loan documents that reveal one-sided transactions or hidden accounts.
- Proof of Income: Tax returns, pay stubs, and other employment records for both spouses to establish income disparity.
- Written Communication: Emails, text messages, or other correspondence that explicitly show financial control, threats, or concealment of assets.
- Personal Testimony: A detailed journal or timeline documenting specific instances of financial control or abuse.
An experienced attorney will use your initial documentation to build a powerful legal strategy, subpoena additional records, and present your evidence effectively in court.
Break Free from Financial Control
Feeling trapped financially can make divorce seem out of reach. However, the law is designed to step in when one spouse holds all the power. With the right legal strategy, you can create stability, protect your rights, and begin moving forward on your own terms. Reach out to The Law Offices of Michael A. Robbins today for help with your divorce and let us protect your future.