Navigating Joint Accounts During Oklahoma Divorce Proceedings
Can You Take Money Out of a Joint Account Once a Divorce Is Filed in Oklahoma?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I have about 25 years of experience.
Understanding the Automatic Temporary Injunction
In Oklahoma, once a divorce or legal separation is filed, an automatic temporary injunction takes effect under statute. This injunction sets rules for what you cannot do after filing. It takes effect against the filer immediately, and against the respondent once they’re served with paperwork. You should receive a copy with your divorce papers, but even if it’s missing, it still applies. The statute is 43 OS §110 if you want to look it up.
The injunction prohibits things like:
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- Hiding or transferring money
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- Spending money outside normal living expenses
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- Selling or disposing of property
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- Canceling insurance policies
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- Disturbing the peace of the other party
Can You Withdraw Money from a Joint Account?
It also governs certain actions related to children.
So, can you take money out of a joint account? Technically, yes—but you may violate the injunction unless it falls under an exception, such as paying for your attorney, living expenses, or regular business activities. Even then, you must be able to account for that money.
Understanding the Consequences
Here’s the problem: If you move money and still have it, a judge may simply order you to make it accessible to your spouse, and it’s not a huge issue. But if you spend it and can’t replace it, the court may fine you, sanction you, or reduce your share of the marital property to make up the difference.
Sometimes, judges leave the issue to be resolved at trial. If you end up with a larger share of assets, the money you withdrew could just be offset against your portion. But remember, taking money can also be seen as “disturbing the peace,” especially if your spouse relied on that account to pay bills or support the children.
Seek Legal Advice Before Taking Action
If your spouse takes money, the same rules apply to her. Either way, the safest move is don’t do it without talking to your attorney. Understand what the injunction prohibits, what the exceptions are, and avoid creating problems for yourself in court.
Give Tulsa men’s divorce atorney Clint Hastings a call at 918-962-0900 if you need a consultation—we’d be glad to help you.
