Husband blocking interim distribution of funds


#1

My husband has separated March 8, but the Separation Agreement is not yet concluded. We are in a “collaborative process” with our respective lawyers. In the Sep. Agreement, his attorney wishes to block me from receiving any interim distribution of funds, which I have made clear I desire, and which are clearly available as my half of the estate. Husband wishes to keep me in the marital home, which he’s vacated, and make it impossible for me to find my own place, using modest funds which are clearly available as part of the settlement. Settlement is estimated to be $500k in value, and all I’m seeking is enough to obtain a mortgage on my own townhouse, like $100k or so. Just an interim distribution of what is clearly going to be available to me without WAITING FOREVER.

Do I stay in this collaborative process which is sapping me of results, or do I consider using the Court? He’s dead afraid of the courts, so I could threaten. I want the Separation Agreement, and they want to make this a condition of the agreement that I can’t get an interim early distribution of funds. He’s continuing to manipulate and control me, and it’s driving me crazy. Advice ?


#2

If you are not satisfied with the collaborative process and your needs are not being met, you may go to court. Keep in mind that you will not be able to stay with your current attorney, and you will incur substantially more in attorney’s fees.
I do not advise threatening your husband with litigation as the point of the collaborative process is to move forward without the threat of being sued. I suggest you have a serious conversation with your attorney and schedule one last collaborative meeting to explain your needs prior to moving forward with litigation.