When a Spouse Drains an Account, the Court Notices
Few things feel more shocking than waking up to an empty bank account — especially when divorce is looming.
If this happened to you, you’re not alone. Lexington couples face this issue more often than people realize.
The good news?
South Carolina law has protections against financial misconduct.
A spouse who drains marital funds may be forced to repay them or receive a smaller share in the final property division.
What Is “Dissipation of Assets”?
When a spouse spends or hides money for the purpose of hurting the other spouse or gaining an advantage in divorce, it’s called dissipation.
Examples include:
- Emptying joint accounts
- Large cash withdrawals
- Gambling losses
- Secret transfers to family or friends
- Using marital money to support an affair
- Buying expensive items right before filing
- Moving money into hidden accounts
Lexington County family court takes dissipation very seriously — especially when it puts a household at risk.
Can the Court Make Them Return the Money?
Yes.
If the judge finds that your spouse improperly spent or hid marital funds, the court can:
✔ Order them to reimburse the marital estate
✔ Give you a larger share of remaining assets
✔ Count the drained money as if your spouse still had it
✔ Reduce your spouse’s portion in the final division
In other words:
They don’t “get away with it” just because the money is gone.
What You Should Do Immediately
If you discover missing funds, take these steps right away:
1. Gather bank statements and screenshots
Document every missing amount, withdrawal, and transfer.
2. Contact an attorney quickly
Your attorney can request temporary orders to stop further spending.
3. Request a temporary hearing
The court can:
- Freeze accounts
- Order temporary support
- Require your spouse to account for the money
- Prevent additional withdrawals
4. Do NOT confront your spouse about hidden money
This often gives them time to hide more assets before the court steps in.
What If Your Spouse Says They “Needed” the Money?
Spending marital money isn’t automatically misconduct. The court looks at purpose.
Legitimate uses might include:
- Paying household bills
- Medical expenses
- Rent
- Reasonable personal expenses
But expenses that benefit only one spouse — especially in secret — can count as dissipation.
How Lexington Judges Determine Financial Misconduct
Judges will evaluate:
- Timing of the withdrawals
- Whether the spending was secretive
- Whether the funds benefitted the family
- Any history of hiding money
- Whether the spouse planned the divorce beforehand
- Whether the spending caused hardship
Patterns matter.
One unusual withdrawal is different from months of hiding money.
Can I Protect Myself Going Forward?
Yes. During the divorce process, your attorney can request:
- Financial restraining orders
- Temporary support
- Exclusive control over certain accounts
- Full financial disclosure from your spouse
- Depositions or subpoenas for hidden accounts
These steps help ensure no more money disappears while your case progresses.
Quick FAQs
Can my spouse legally empty our joint account?
They can withdraw funds, but the court can still penalize them later for improper spending.
What if the money is already gone?
The judge can require reimbursement or award you more assets to make up for it.
Can I freeze accounts myself?
Not without legal orders. Speak with an attorney before taking action.
Final Thoughts
If your spouse drained your bank account — or you’re worried they might — act quickly.
Call The Farley Law Firm today to schedule a confidential consultation. We help Lexington clients protect their finances during divorce.
Disclaimer
This information is for general education only and not legal advice. Schedule a consultation to discuss your case. Past results do not guarantee a similar outcome.