Proceed With Caution: Spending Money Post-Divorce Filing

Hi, my name is Clint Hastings, I’m an attorney here in Tulsa, Oklahoma, and I focus on father’s rights. Today, I want to caution you about spending any money that you receive after you have filed for divorce and before getting a determination from the court as to the nature of that money and whether or not it’s marital property.

So what I’m talking about is, like, let’s say you get a lump sum payment in a settlement for an injury or even receive it through a lawsuit, or let’s say you get a medical severance type package for a disability and you get some sort of lump sum payment. The point is, if you get that money and you’ve already filed for divorce, don’t just spend it because it has not been determined yet whether that’s marital property subject to division or not.

Be Cautious with Spending Settlement Money

It may be that the money is clearly not marital property, but until you know for sure, I wouldn’t go spend it. The judge can claw that money back and you may even violate the automatic temporary injunction against spending such funds. I had a case where a client spent a military disability severance thinking it was not marital property, only to face consequences later.

It can get rather complex, with opposing counsel making arguments and the judge ordering funds to be put into a separate account. If it turns out that the money was marital and not supposed to be spent, the consequences could be severe. So it’s best to err on the side of caution and refrain from spending any funds until their status is clear.

Call for a Low-Cost Consultation

If you’re facing divorce and unsure about the status of certain funds, give Tulsa Dad’s Law a call at 918-962-0900 for a low-cost consultation. It’s better to be safe than sorry when it comes to financial matters during divorce proceedings.