By Evan Compton, Divorce and Family Law Attorney

Financial withholding is an unfortunate yet common issue that can add significant stress to a divorce. There are many ways to navigate this matter based on the nuances and variables of each situation. Our goal is to always resolve financial matters collaboratively and cooperatively with you, your spouse and their attorney. However, there are emergency circumstances where the court must get involved.

Keep reading to learn about common examples of financial withholding, and please reach out if you need help regaining access to your funds.

Are marital finances the same as spousal maintenance?

Marital finances are different from spousal maintenance. Marital finances refer to shared access of single or dual income and other earnings that are acquired during a marriage. Spousal maintenance, also known as spousal support or alimony, is a court-ordered payment of money to your spouse to help fulfill financial needs while your divorce is being settled.

If a judge issues a court order that establishes how your marital finances should be managed and your spouse isn’t compliant, then the judge can hold your spouse in contempt. The level of punishment is based on the severity of the actions.

Common Scenarios and Outcomes of Financial Withholding

Below are just a few situations we encounter with financial withholding.

1. Were you reliant on your spouse’s income to care for yourself and/or your family?

This is also known as the status quo and should be maintained throughout a divorce. The first question to ask is: “What did you have access to during the marriage?” If you didn’t draw an income and you relied on your spouse’s income to pay bills, buy groceries, etc., then that financial dependency cannot change during a divorce without a court order.

2. Is your spouse overspending or excessively spending marital finances during the divorce?

If this is the case, your attorney will typically get involved and work with the court to establish an allowance or spending limit for your spouse.

3. Is your spouse “draining” your account or marital estate?

In this instance, you can appeal to a court by claiming irreparable harm. The court can issue a preliminary injunction or restraining order to temper spending.

More often than not, a person is simply cut off from finances. If you’re facing this hardship, I can help you regain access to what is rightly yours to share.

Optics Matter

How your attorney presents facts to the judge is important. When facing a judge who makes subjective decisions based on circumstances and impressions, their opinion may be influenced by the severity of your spouse’s actions.

For example: If your spouse locks you out of a shared house, gambles away a majority of your money or withholds marital finances needed for childcare—those actions could have immediate legal ramifications and a judge may take them into account when making other decisions about your divorce.

Take Action to Address Financial Withholding

If your spouse is withholding finances from you, don’t wait to seek help. I welcome the chance to meet with you and learn the details of your situation. I will do everything I can to settle matters amicably and outside of the courtroom. But, if needed, I will fight for your rights in court to ensure that you regain access to your finances and can properly care for yourself and your family.

Appointments are available at our new office at the Davis Center in Evanston, or at our offices in Chicago, Lake Forest or Oak Brook. Start by requesting a free consultation or calling (847) 868-9584.

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