Spending Assets Before a Divorce.

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.

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The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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