How to Manage Joint Bank Accounts During and After a Divorce

Divorce is already emotionally and logistically complicated. Add shared finances to the mix — particularly joint bank account for couples — and you’ve got a whole new layer of stress. Whether you’re just beginning the separation process or are already working through the terms of your divorce, handling joint accounts the right way is critical to protecting your assets, your credit, and your peace of mind.

In this article, we’ll break down everything you need to know about managing joint bank accounts before, during, and after a divorce. We’ll address common concerns like “Can I empty my bank account before divorce?”, explain how a divorce agreement to split a joint account works, and clarify whether separate bank accounts are considered marital property. 

Are Separate Bank Accounts Marital Property After Divorce?

Just because a bank account is only in one partner’s name doesn’t mean it’s automatically off-limits during divorce proceedings. In fact, separate bank accounts may still be considered marital property, depending on how the money was earned and used during the marriage.

Here’s how courts generally evaluate this:

• If the account contains income earned during the marriage, it’s likely to be considered marital property — even if it’s in only one spouse’s name.
• If the account existed before the marriage and was never commingled (mixed with joint funds or used for marital expenses), it may be classified as separate property.
• If one spouse added the other as a co-owner or used the funds for shared expenses, it may become subject to division.

Bottom line: ownership doesn’t equal protection. Speak to a family law attorney in your jurisdiction to find out how the courts interpret separate versus joint assets in your state.

Divorce Agreement to Split a Joint Bank Account – Can I Remove Myself?

Yes, you can remove yourself, but timing and documentation matter.

If you’re listed as a co-owner of a joint bank account, you typically have the right to withdraw funds or remove your name, but doing so during divorce proceedings may raise legal and ethical questions. That’s where a divorce agreement to split a joint account comes in.

Here’s what to keep in mind:

1. Check the account agreement – Some banks require both account holders to agree before removing a name or closing the account.
2. Document everything – Any action involving money during divorce proceedings should be traceable. It helps prevent claims of misconduct or hidden assets.
3. Follow court orders – If a temporary order has been issued to freeze accounts or maintain the status quo, violating it could result in penalties.
4. Consider a formal agreement – Including language in your divorce decree about how joint accounts are to be split ensures legal clarity.

Can I Remove My Ex from a Joint Bank Account for Couples After Divorce?

You can, but you often need their cooperation — or a court order.

Once the divorce is finalized, removing your ex from a joint bank account should be a top priority. As long as their name remains on the account, they have legal access to it. Even if you trust them, shared access creates unnecessary risk.

Here are your options:

• Close the account completely – This is often the simplest solution. Open a new account in your name only and transfer your share of the funds once legally allowed.
• Request a name removal with the bank – Some banks allow you to remove an account holder if both parties agree in writing.
• Use the divorce decree – If the court order includes instructions about dividing or closing joint accounts, you can present it to the bank as part of the process.

Keep in mind: Banks don’t honor verbal agreements. Make sure any changes are reflected in official documents.

How to Manage a Joint Bank Account for Couples During and After Divorce

• Freeze or Close Joint Accounts Immediately to Protect Marital Property

The moment you decide to divorce — or suspect your spouse may take financial actions you don’t agree with — consider freezing joint accounts.

Here’s how to do it:

• Contact your bank immediately and explain the situation.
• Request that the account be converted to require dual authorization for withdrawals.
• If that’s not possible, ask the bank to temporarily freeze the account to prevent either party from draining it.

This is particularly important if you’re concerned your spouse might empty the account before the divorce. Taking proactive steps protects both parties and prevents one-sided decisions that may later require legal correction.

• Open Separate Bank Accounts After Divorce

Even if your divorce isn’t final, it’s smart to open your own checking and savings accounts.

This allows you to:

• Receive your income independently.
• Begin separating finances and preparing for life after divorce.
• Avoid confusion over whose money is whose.

Just be cautious: Don’t start funneling joint funds into a private account without legal clearance. Keep everything transparent and well-documented.

• Divide Joint Account Funds Fairly in a Divorce Agreement

How do you fairly split a joint bank account during a divorce? It depends on your state’s laws and your personal circumstances.

Most courts aim for equitable distribution, which doesn’t always mean 50/50. Instead, they consider:

• Each spouse’s income and contribution to the household
• Who paid for what during the marriage
• Whether one spouse will continue to support children

That’s why a divorce agreement to split a joint account is so helpful. It allows you and your spouse (or your attorneys) to create a custom plan for dividing funds. If you can’t agree, a judge may decide for you.

Make sure the agreement:

• • Clearly states how much each person gets
  • Specifies whether the account will be closed or maintained temporarily
  • Identifies how any outstanding debts tied to the account will be handled

• Monitor Joint Bank Accounts for Suspicious Activity During Divorce

Even if you trust your spouse, emotions can run high during a divorce — and that can lead to financial decisions that don’t align with your best interests.

Keep an eye out for:

• Large, unexplained withdrawals
• Unusual transfers or purchases
• Opening of new accounts or credit lines

Understand the Legal Implications of Joint Bank Accounts for Couples and Marital Property

Lastly, remember this: Your financial decisions during divorce are legally significant. Missteps can delay proceedings or lead to unfavorable outcomes.

Here’s a quick checklist to stay on the right side of the law:

• Don’t empty a joint account without legal guidance
• Don’t hide assets or open secret accounts
• Don’t ignore court orders about financial conduct
• Do document all financial activity
• Do seek legal counsel before making big changes

Handling money during divorce is as much a legal issue as it is a financial one.

Can I Empty My Bank Account Before Divorce? Managing Joint Bank Accounts the Right Way

Emptying a joint account without your spouse’s knowledge — especially in the lead-up to or during a divorce — can have serious legal consequences. Courts often view this as a bad-faith move, and it can work against you during asset division. In some jurisdictions, such an action might even be considered dissipation of marital assets, which could result in penalties or an uneven distribution of property in favor of your spouse.

If you’re worried about your partner draining the account or misusing funds, the smarter and more legally sound option is to freeze the joint account temporarily or consult your attorney about getting a financial restraining order. This helps protect the money until a fair division can be worked out in your divorce agreement to split the joint account.

Also keep in mind: if the money in your account was earned during the marriage — regardless of whose name is on the account — it’s very likely considered marital property. That means both parties have a claim to it, even if only one name appears on the account.

Worried about how to handle joint bank accounts before your divorce is final? Call Farber Law, P.A. at (305) 520-9205 or email us at hyf@farberlawpa.com to schedule a confidential consultation. Let us help you protect your assets and your future.

About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com. 

Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.