Attorneys and family finances

I am getting ready to secure an attorney. My spouse cannot afford to secure an attorney on her own. She has her own income but does not currently have enough to secure an attorney for herself. She rarely co-mingles her funds in the family account because she gets paid in cash.

I am the supporting spouse and nearly 98% of the funds coming into our bank account for family use are my funds. If I change direct deposit to a secured account but still pay bills and provide for the family will that put me in a bad position when we finally go to court. If she has access to our funds she will deplete them to secure an attorney for herself.

How do I manage my funds in preparation for a DBB separation and eventual dissolution?

It is fine to have your paychecks deposited into your own individual account but you will need to ensure status quo until all issues are resolved in a final settlement. That means you will need to make sure the bills are paid (mortgage, electricity, water, etc.) and that she has spending money for gas, groceries, minor children, etc. as normal. You don’t want to cut off her access to all funds.

It may be a good idea for you to keep things the way they are until just before she gets served with the complaint.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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