Understanding Automatic Bill Payments After Filing for Divorce
So, can you stop automatic bill payments or drafts from your account or a joint account after a divorce is filed?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, I focus on fathers’ rights, and this is my 25th year in practice.
Legal Restrictions on Disrupting the Other Party’s Finances
Now, of course, when divorces are filed, emotions run high. People get angry, protective of their money, and sometimes act impulsively. Historically, it’s common that when dad moves out, he doesn’t want to keep paying the household bills anymore. Maybe she works, maybe she doesn’t, but he thinks, “I’m out, I’ve got my own rent and utilities now, I’m not paying hers.” So he shuts off the auto-pay. Maybe the utilities are in his name, maybe in both names. Or maybe other bills are drafted automatically from a joint account or a credit card.
Here’s the issue: you cannot just shut that off. When a divorce is filed, Oklahoma law immediately puts into effect what’s called an automatic temporary injunction. This applies immediately to the filer, and once served, it applies to the other spouse as well. That injunction says you cannot disturb the peace of the other party. While it doesn’t specifically list “utilities” or “auto payments,” the clear intent is that you cannot unilaterally disrupt the other person’s finances or access to necessary services.
Consequences of Violating Temporary Injunctions
So, could a judge consider cutting off automatic bills a violation? Absolutely. Even if not explicitly spelled out, any judge would see it as unreasonable, especially if there are children involved. Even a day without water or electricity looks petty and retaliatory. Judges will not look kindly on that.
That means you should keep paying those automatic bills until a court addresses it. If you think it’s unfair, you can raise the issue at your temporary order hearing, where the judge can decide how to divide those obligations moving forward. But don’t take matters into your own hands—doing so could hurt you in court.
Seek Legal Advice Before Making Changes
If you’re unsure, talk to an attorney before making changes. And if you don’t have time to get advice, the safe rule is: when in doubt, don’t do it.
Give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900 if you need a consultation on this or any other family law issue.
