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Am I entitled to the money in my husband's bank account that he opened if I leave him?

I'm thinking about leaving my husband. He's started to get violent, we fight all of the time, he's mentally abusive and has cheated in the past so there's no trust. I found out that he took all of the money out of our joint checking account (and then some, overdrew the account by $800) and put it all into a new checking account with just his name on it. If I leave him I'll have no money. I'll have two kids to support on my own, well with the help child support of course. Is there any way that I am entitled to half or any of that money even though my name isn't on the account?

Also, how long does a couple need to be married in order for the wife to file for alimony. I've been a stay at home mom for 3 years since our oldest daughter was born. He also said if I leave him he'll fight paying support if I'm not working. He said you can't file for support if you don't have a job. Can he do that?

Update:

To everyone who said I was a "gold digger", didn't have a REAL job, materialistic, etc. How so? I'm not asking for millions, or even hundreds of thounds of dollars or any large sum of money. We are not rich by any means! I just wanted to know if I was entitled to any of the money so when I do leave I'm not flat broke with two kids. I also know child support won't be a lot and I'll need to get a job. I have no problem with that. That will be better then being married to the man I'm married to right now. I just asked a simple question. I didn't need people like you judging me when you have no idea what I've been through and the type of money I'd be asking for. It's next to nothing!

19 Answers

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  • 1 decade ago
    Favorite Answer

    I believe you are entitled to any bank accounts regardless of whether both names are on it or not. Obviously, a lawyer can help you.

    How can you NOT work if you are divorced and supporting 2 kids. So, him saying that makes no sense. Obviously, you have to get a job. It's the responsible thing to do. Then he can't fight the child support because you WILL have a job. By the way, you'll need a PAID job - homemaker, stay at home mom, does NOT bring in money. Hello???

    Edit: Oh no. I just goggled it and here's what I found:

    Set Up Your Own Bank Accounts

    ..... If it seems likely that your spouse will clean out all the accounts, take your half and put it in your own account. ....

    I've listed the website I found this at. I'm so glad my savings account is in my name only. Whooppee!

  • 1 decade ago

    First thing that I would do is get advice from a lawyer. If that money was in a joint account, you need to get records of that account, when the money was transferred and where it was transferred. The bank should be able to do this. When you divorce, your lawyer will be able to file and Interrogatory that requests records from your husband (medical, financial, and otherwise). With this, it should be pretty easy to point out that this was a joint account with both your names on it (hence your money, as well) and that you are entitled to some of that. Any property that is in both of your names will either have to be sold for you to split the money OR he will have to buy out your share - if your lawyer is any good, that is.

    And regardless of if you are working or not, your husband will have to pay child support. I don't condone "welfare moms" that live off of child support from their ex, but I do believe that child support is there for a reason. Just make sure that you are fair and have that child support modified when you do get employment. That way you are also showing that you are not a "gold digger" and are trying to remain fair with your soon-to-be-ex husband.

  • 1 decade ago

    Wow! He's playing hard ball with you. If you live in a community property state, you're entitled to half. If your state has alimony then you are also entitled to that. You need a really good lawyer. Do you have any family his or yours that can help you out a little? Until you can get a job and get on your feet and get your own place... Even if you have a really close friend that will give you a place to stay until you can get the ball rolling. Hopefully, your husband will see that his behavior is only going to hurt his kids in the long run. They deserve better than that.

  • Anonymous
    1 decade ago

    You are absolutly entitle to half of any and all accets incurred during the marriage. You are also entitle to alimony and child support in the case of a divorce. The reason for a judge granting alimony (most of the time) is because the husband accepted being the only bread winner in the home for 3 years and he can't then just decide to put you out with nothing. You aren't being a gold digger you are entitled to it. If he doen't want to pay alimony next time the he need to make it clear to the next wife (if he is that lucky) that she isn't going to be a homemaker.

    By the way you did have a job HOMEMAKER.

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  • hmmm... sell everything he has bought for your house, his clothes, everything! then, you will get that money from selling his stuff...heehee

    a yard sale should do =)

    grab his credit cards when he's not looking, run 'em up! spend his cash, etc...! make sure it's on some stuff for your child, buy stuff for the next 2 or 3 years! heehee...

    yes, you can file for child support even if you are not working, lol! and you will get it! he's just trying to pull your chain hoping you will believe him...

    since you are a stay at home mom, it's possible that you can get alimony for a little while, a short while, perhaps 6 months... depends how good of a lawyer you have and if hubby makes alot!

    let the courts know he took the money out of the joint account...

    time to start an account of your own with only your name on it, don't tell him either...!

    make an account for your child, as well!

    Mary

  • What he did was inexcusable BUT know this:

    Three years in the grand scheme of things is NOTHING. No one gets alimony for three lousy years of ANYTHING unless the guy is Donald Trump.

    You WILL have to work. Staying home was a LUXURY even if it didn't feel like it was. You will be another single working mother. He will NOT be obligated to support YOU so be ready for that.

    You will be entitled to child support, however but don't expect that to pay for everything either because it wont.

  • Anonymous
    5 years ago

    keep your name on the old account and call the bank and take his name off! now you dont have to go and open a new one bc this one islaready stated. deposit the sum of money that youinherited and you and ur husband need to talk. you make valid points. if he doesnt want your name on it bc he wants tom oniotr your access make an agreement and agree to some terms based on your access to the account. y ou really need to get on the same page as a family and not individuals. maybe get a side job as a babysitter or somethign else to utilize your time and contribute to the housheold income. maybe hes sick of supporting someone whos on disability.

  • Anonymous
    1 decade ago

    I wouldn't know because there are women that do that sort of thing when they want to leave their husband and have some money to fall back on. Is there family or someone you can move in with. You will probably get spousal support and child support if you go to court.

  • 1 decade ago

    I don't have an answer for you about the bank account or the alimony, but I do know that child support has nothing to do w/ whether or not you are working. Child support has nothing to do w/ how much money you do or do not make, nothing to do w/ whether or not you work, it is based on how much money HE makes in a pay period.

  • nyjae
    Lv 5
    1 decade ago

    The chances are you getting into his account are zero. All the other questions sounds like it's fueled by his gibberish. If you leave go to a shelter or a relative you can apply for welfare until you get yourself together. You are already broke in the marriage so what's the difference in being broke outside of it.

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