You check the balance, and it’s nearly zero. Maybe your spouse moved the savings to an account you can’t see, or mentioned divorce last week and the money disappeared right after. Now you’re wondering how to cover the mortgage and the kids’ expenses.
The answers depend on the facts, but Florida law gives you real options, including a court order that freezes things in place while the divorce is pending.
Was My Spouse Allowed to Take the Money?
As far as the bank is concerned, usually yes. Most joint accounts let either owner withdraw the full balance.
But being able to withdraw money is not the same as being entitled to keep it. In a Florida divorce, the judge divides the couple’s “marital” property, starting with an equal split. Money either spouse earns during the marriage is generally marital, and moving it into your spouse’s name alone doesn’t change that. “Separate” money, like an inheritance, can be treated differently, but it can lose that protection once it’s mixed into joint accounts.
Can I Get the Money Back?
If you moved the money to another account, it still exists, and the judge can count it as part of your spouse’s share.
If it was spent, it’s more complicated. A Florida judge can consider marital money intentionally wasted within two years before the divorce was filed, or at any time after, and give the other spouse a larger share of what’s left. Courts view paying household bills or a divorce lawyer very differently from spending on a new partner or a large “loan” to a relative.
What Is a Status Quo Order?
A status quo order tells both spouses to keep the family’s finances as they are while the divorce is pending. It generally bars either spouse from hiding or transferring money or property, running up debt, canceling insurance, or changing life insurance beneficiaries. Both spouses can still pay normal living expenses and, in most versions, reasonable attorney’s fees.
A spouse who ignores the order can be held in contempt, ordered to pay the other side’s attorney’s fees, or have the missing money counted against them.
Do I Automatically Get One? It Depends on the County
- Monroe County (Florida Keys): A standing order applies automatically. It binds the filing spouse as soon as the petition is filed, and the other spouse once served.
- Broward County: Each judge decides whether to use the court’s approved status quo order. In some cases, it applies automatically; in others, a spouse must request it.
- Miami-Dade County: Generally, there is no automatic order, so a spouse must ask the judge for one.
In any county, your attorney can ask the judge for a status quo order or a more specific order, such as freezing a particular account, and can request a quick hearing if money is actively disappearing. Keep in mind that a status quo order protects what’s left. It doesn’t undo a withdrawal that already happened, so if you’re worried money is about to move, don’t wait to talk to an attorney.
What if I Can’t Pay My Bills Right Now?
Once you file, you can ask the judge for temporary alimony, temporary child support, and help paying your attorney’s fees while the case is pending. Whether the judge grants them depends on both spouses’ finances.
Should I Move Money Out of the Accounts Too?
It can backfire. Both spouses must make sworn financial disclosures; judges notice when either side moves or hides money, and a status quo order binds you just as much as your spouse. Talk to an attorney before moving large amounts.
What Should I Do Right Now?
- Save the records you can access, such as statements and screenshots of the balance before and after.
- Write down the date, the amount, and where the money appears to have gone.
- Don’t log in to accounts that belong only to your spouse.
- Keep texts and emails with your spouse short and calm.
Talk to a South Florida Divorce Attorney
Hoffman, Larin & Agnetti has represented individuals and families in Miami-Dade, Broward, and the Florida Keys for more than 40 years. If your spouse has moved, hidden, or spent money you were counting on, our attorneys can review your situation.
Call 305-653-5555. Text 305-653-1515. Email us at [email protected]
or complete the form at the top of this page, and one of our Family Law Attorneys will call you.
At Hoffman, Larin & Agnetti, P.A., you will always speak with the attorney who will represent you before retaining our firm.
Not a salesperson or Ai agent.
Frequently Asked Questions
Can my spouse withdraw all the money from a joint bank account in Florida?
Usually, the bank will let either account owner withdraw funds. In a divorce, though, a court can still treat that money as marital property and consider the withdrawal when dividing assets.
What is dissipation of marital assets in Florida?
It means intentionally wasting, depleting, or destroying marital assets. Under section 61.075, a Florida court can consider it when it happened after a divorce was filed or within two years before filing.
Can I get temporary support if my spouse emptied our accounts?
Possibly. Florida allows a spouse to request temporary alimony and attorney’s fees while a divorce is pending (sections 61.071 and 61.16), and you can also request temporary child support. Whether the court grants it depends on the facts.
Should I withdraw money from the joint account before I file?
Talk to an attorney first. Large or secretive transfers can create problems because Florida requires full financial disclosure in a divorce, and judges notice efforts to hide or move money.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every divorce and financial dispute is different.
