Absent an order being entered by the court directing that your assets are to be preserved, you are free to act as you deem fit with your assets.
While you are free to use your assets in anyway, you should keep in mind that you may ultimately be held accountable to make your spouse whole. All assets as well as liabilities amassed during your marriage are presumed to be subject to equitable distribution. Therefore, all money saved between the date you are married and the date a Complaint for Divorce is filed is likely a ‘marital’ asset subject to equitable distribution. Usually, absent exceptional circumstances, assets will be equitably distributed and divided 50/50.
If you’re serious about filing for divorce, the attorneys at Shane and White recommend you consult with an experienced family law attorney, because once your spouse sees that you have liquidated the emergency fund — if you elect to — it is possible that matters will escalate quickly. The attorneys at Shane and White are prepared to assist you with what happens next.
See more here: Spending Assets Before Divorce