Divorce takes time. In California, a divorce can’t be finalized until at least six months after the other spouse is served, and complicated cases in any state can take much longer. Safeguarding shared property should be a priority during divorce proceedings. It also helps to stay current on bills and other money duties. That way, both spouses can keep things steady and look after their rights.
There are concrete legal steps available to stop the spending and hold a spouse accountable for what’s already been lost, but they usually require acting before the case is over, not after.
If you believe your spouse is overspending your marital assets, you may want to know how to legally stop your spouse from spending money. Read on to learn how.
Whether Filing Freezes Anything Depends on the State
There is a common, yet incorrect belief that filing for divorce serves as an opportunity to spend all of the marital funds without consequence.
In Illinois, filing for divorce doesn’t freeze anything on its own. Either spouse can usually keep using joint accounts until a judge orders otherwise, so getting that order in place is the first step toward stopping reckless spending.
California works differently. As an Orange County divorce attorney can explain, the divorce summons comes with automatic restraining orders. Once they take effect, neither spouse can transfer, hide, or spend community property beyond necessities or ordinary business costs without the other’s written consent or a court order.
A Court Order Can Freeze the Marital Estate
In Illinois, a spouse can file a motion for a temporary restraining order or preliminary injunction that targets marital assets. Once granted, it can legally prohibit either spouse from transferring, hiding, or spending funds beyond what’s needed for necessities of life or ordinary business operations. This order has to be requested and granted by a judge. The sooner it’s requested after suspicious spending begins, the less opportunity there is for further dissipation before it takes effect.
In California, where the automatic orders already apply, a spouse can still ask the judge for more specific orders, like freezing a particular account or requiring notice before large purchases.
Document Everything Before Confronting the Spending
The court will check whether the evidence presented establishes a particular spending pattern. Bank statements, credit card bills, and investment account records are useful documents to prove the existence of these patterns. Both spouses also have to exchange financial disclosures early in the case, and gaps or inconsistencies there can point to hidden spending.
Gathering this documentation quietly and thoroughly tends to produce a much stronger case than confronting a spouse before the evidence is secured.
Formally Claiming the Wasted Funds
Beyond stopping future spending, a spouse can pursue a formal legal claim for money already wasted. In Illinois, this is called dissipation of marital assets. The claim requires proof that the spending happened after the marriage had broken down and benefited only the spending spouse. Vacations, gambling losses, and spending tied to an affair are common examples.
In California, the same kind of spending is treated as a breach of the fiduciary duty spouses owe each other over community property. The court can order repayment or credit the loss against the spending spouse’s share.
Deadlines Depend on the State
In Illinois, claims for wasted marital funds come with firm deadlines. A notice of intent to claim dissipation has to be filed no later than 60 days before trial or 30 days after discovery closes. Claims are also limited to spending that occurred within five years before the divorce was filed or within three years after the other spouse discovered it. Missing these windows can mean losing the right to recover the money.
California gives spouses some room here. A fiduciary-duty claim involving community property can usually be raised during the divorce no matter when the spending happened. The practical deadline is the money itself. Once it’s spent, it’s harder to trace and collect.
In either case, you should document everything and act quickly on any suspected spending.
Why Hiding Assets Backfires Just as Badly as Spending Them
Reckless spending isn’t the only way a spouse might try to gain a financial advantage before a divorce is finalized. Another tactic that some spouses use is attempting to hide assets altogether, which carries its own serious consequences.
In California, a spouse caught hiding an asset can lose half of it to the other spouse, plus attorney fees. In cases of fraud, the court can award the entire asset to the other spouse.
When Forensic Accounting Becomes Necessary
If a spouse’s spending or asset concealment involves complex business structures, cryptocurrency, or funds moved through multiple accounts, a review of bank statements may not be enough to reconstruct what actually happened. A forensic accountant can trace funds through these more complicated arrangements and present findings in a form a court can rely on. That makes one worth hiring once the money trail gets complicated.
Acting Early Protects More Than Just the Money
The combination of a court order to stop ongoing spending, careful documentation, and a timely claim for wasted funds gives a spouse real tools to protect marital assets rather than simply watching them disappear. Waiting until a divorce is finalized to address reckless spending means there’s far less left to protect. This situation makes early action, uncomfortable as it may feel, one of the most consequential decisions in the entire process.
Yasmin is a writer and mother of two young children. She is also the woman behind Two Mama Bears, a blog for parents with babies and toddlers.