Can my spouse freeze my personal bank accounts?
He had a forensic accountant go through our taxes and joint bank account trying to find “something” on me. He is trying to avoid paying alimony. We’ve been married 28 years, I’m a dependent disabled spouse, and he now wants to “party” and leave me with not much. He hid our new house money from me, is an alcoholic, mentally ill, adulterer, over all mean and nasty.
My personal money market acct was started with money my dad left for me when he died.
The other account is what is left from our sons college fund I have saved and had in my personal account for years because I’m afraid he would have taken the money for himself, its not hidden because its on our tax forms. Can he get me for hidden funds if I show it to the court when the time comes? I’m afraid he will try to freeze my accounts. We are still living under the same roof.
I would also like to add he has threatened to take all the money out of our joint account many times as he says its “his” money and he can clear the acct out if he pleases. He told me 1 month ago he was going to buy something big and nice and clear out our bank account leaving me nothing. I cant trust him. HELP!
The money that you inherited from your father is your separate property to which your souse is not entitled as long as the inheritance has not been comingled with marital funds (funds earned during the marriage).
Based on the information you provided, these are not hidden accounts or hidden assets. These would be discoverable accounts if you were involved with the equitable distribution process of a separation/divorce. He cannot freeze your accounts.
Money in joint accounts is marital as long as it was earned during the marriage. Therefore, assuming this is true, you can withdraw one-half of the balances and deposit it into an account in your own/individual name.
If you believe he is going to waste assets, liquidate retirement, etc., you are separated, and you have more than a mere suspicion of this, then you can motion the court for an injunction to prevent him from doing this order to preserve the marital assets for equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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