Navigating Separate Checking Accounts During Divorce Proceedings
So, is your separate checking account treated differently than a joint account under the automatic temporary injunction that applies in every divorce?
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 practicing.
The Impact on Separate Checking Accounts
This is a good question because it can be confusing. The statute creating the automatic temporary injunction in every divorce is designed to prevent hiding, transferring, or dissipating marital assets, including funds in accounts or insurance policies that affect one or both parties.
But what if you have a separate account in only your name? Maybe you had it before the marriage, or it’s always been known as your separate account. Can’t you just keep using it? The problem is, once a divorce is filed, there hasn’t yet been a legal finding of what is separate property and what is marital property. That process plays out in court, and the other side may argue that funds in that account are marital, not separate.
Rules for Using Both Joint and Separate Accounts
You may be able to prove that it has always been treated as separate, or that only your post-separation income is going into it, but until the court rules, there’s risk in assuming.
Both joint and separate accounts are covered by the injunction, with the same rules: ordinary living expenses and normal bills are allowed, but extraordinary expenditures must be accounted for, documented, and disclosed. Keep records of what you spend. You don’t need receipts for every tank of gas, but you do for significant purchases.
Consultation on Family Law Issues
If your separate account is funded only by income earned after the separation, it’s less of an issue, but if it holds funds contributed during the marriage—even by you—it may still be considered marital. The safest approach is to talk with your attorney about how to use that account, how to document expenditures, and how to notify the other side if needed.
Give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900 if you’d like a consultation on this or any other family law issue.
