Q&A: I found out my spouse removed money from our joint account. What are my options? Colorado Family Law Attorney Marlana Caruso Answers

I found out my spouse removed money from our joint account. What are my options?

If you have a spouse that has removed funds from a marital account, and it’s been close in time to the divorce, you do have several options. If it was removed prior to the divorce being filed, there isn’t a technical violation of any order, but we can still have those funds accounted for. Colorado is a no-fault state, and what that means is that the court is not overly concerned with the “why” question of the divorce. However, there are exceptions to that, and a large exception to that “no-fault” is something called economic waste. So if we can prove to the court that your spouse removed funds in anticipation of the divorce or in an attempt to remove them from the marital estate and save the division, then you have many more options within the court of either being compensated through other property division or having the judge order that the funds be returned.

Call us today at 303-688-0944 to schedule your case assessment with one of Robinson & Henry’s Divorce Attorneys.

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