Arons & Solomon Divorce Lawyers | February 17, 2025 | Our Family Law Blog
Divorcing a spouse who controls the finances can be a daunting and stressful situation. If your spouse has the power over the household income, bank accounts, and credit cards, you may feel financially trapped. This is especially true if your spouse begins to withhold money during the divorce process. However, New Jersey law provides protections for individuals in such situations. There are steps you can take to secure the financial support you need during this challenging time.
How Is Financial Support Managed During a Divorce in New Jersey?
In New Jersey, assets and income accumulated during the marriage are typically considered marital property. Thus, these items are subject to equitable distribution. This means that both spouses are entitled to a fair portion of the marital income and assets. It doesn’t matter whose name is on the bank account or the paycheck.
However, what happens when your spouse withholds money during the divorce proceedings? Unfortunately, this is a common issue that many individuals face. Under New Jersey law, if one spouse cuts off access to the family’s finances, you have legal recourse to ensure that your basic needs are met. You should:
Stay in the Family Home, If Possible
In New Jersey, the family home may be considered an important asset that should remain occupied by both spouses until the divorce is finalized. Unless there is an issue of domestic violence or safety concerns, you may want to consider staying in the home during the divorce proceeding. This will help avoid additional expenses like rent or deposits.
Your spouse cannot evict you from the marital home without a court order. Staying in the home can help you avoid unnecessary financial strain as the divorce process moves forward.
Create a Budget and Assess Your Needs
If your spouse is withholding money, it is essential to assess your financial needs. Create a budget that reflects your essential expenses, like:
- Food and groceries
- Utility bills
- Car payments and insurance
- Cell phone and communication costs
- Legal fees for the divorce
Understanding your monthly expenses will allow you to better navigate this period of financial instability. It is also helpful to budget for your attorney’s fees, as you will need an experienced lawyer to fight for your best interests in the divorce.
Find Sources of Income
With your budget in place, you’ll have a clear picture of your financial needs. While you wait for a court order, consider exploring ways to generate additional income. You may consider:
- Part-time work
- Child support
- Accessing existing savings
Depending on your situation, one or all of the options above may be suitable. Consult with your divorce attorney to see what options may be best for you.
File for a Temporary Order in New Jersey
Once you’ve outlined your budget and identified potential income sources, it is time to take legal action. A skilled divorce lawyer will file divorce documents in court. Your spouse will have three weeks to respond. One of the essential documents your attorney will file is an Automatic Temporary Restraining Order (ATRO).
The ATRO is a court order that ensures both spouses maintain the status quo. This includes financial arrangements. If your spouse withholds money or changes financial arrangements inappropriately, this is considered a violation of the ATRO.
Additionally, your lawyer will file a motion for temporary orders. This motion requests that the court address immediate financial needs, including:
- Temporary alimony or spousal support
- Continued access to marital income
- Allocation of living expenses
- Temporary child custody arrangements, if applicable
The court will typically schedule a hearing for the motion for temporary orders. During this hearing, the judge will rule on immediate financial issues. This can include requiring your spouse to resume providing access to funds for necessary living expenses.
When Should You Contact a Divorce Lawyer?
If you are facing financial hardships due to your spouse withholding money during a divorce, you need legal help. It is essential to consult with an experienced lawyer as soon as possible. At Arons & Solomon Divorce Lawyers, we have extensive experience handling divorce cases. Our team can help you:
- Secure temporary financial support
- Address any violations of financial arrangements
- Ensure you are not financially disadvantaged during a divorce
- Provide you with the legal resources to safeguard your interests
If your spouse is withholding money during your divorce, let Arons & Solomon Divorce Lawyers help you navigate this challenge. Our team is committed to ensuring your rights are protected and that you receive the financial support you need.
Contact us today to schedule a consultation with one of our divorce lawyers. Take the first step toward resolving your divorce with confidence.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States