Can Your Spouse Empty a Joint Bank Account During a Divorce?

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

In most cases, a bank will let either owner of a joint account withdraw the money, even during a divorce. That does not mean the withdrawal is the end of the story. South Carolina family courts can order temporary restrictions, require an accounting, and take a one-sided withdrawal into account when they divide marital property.

Bank Rules Versus Family Court Rules

A joint account is governed by the agreement you signed with the bank. Under most joint account agreements, each owner can deposit and withdraw funds without the other’s signature. The bank generally does not ask why money is moving and does not decide who is entitled to it.

The family court looks at the same money differently. In a divorce, funds in a joint account are usually marital property if they came from earnings or assets acquired during the marriage. Marital property is generally measured as of the date the divorce action is filed, and the court divides it under the equitable apportionment factors in S.C. Code § 20-3-620. So even if the bank allowed the withdrawal, the spouse who took the money may have to account for it later.

Does Filing for Divorce Freeze Joint Accounts?

Filing for divorce does not by itself freeze a joint bank account in South Carolina. Restrictions generally come from a court order, an agreement between the spouses, or a joint request to the bank. Ways to put limits in place include:

• A temporary order. At a temporary hearing, a party can ask the court for orders about who pays which bills, temporary support, and restraints on transferring or spending marital assets while the case is pending.
• A consent order. Spouses can agree in writing, and have the court approve, that neither will withdraw more than a set amount or close accounts without the other’s consent.
• Bank account changes. Some banks let joint owners require two signatures for withdrawals. Policies vary, so ask the bank what it allows and whether both owners must agree.
• An order of protection. Where there is domestic abuse, an order of protection under S.C. Code § 20-4-60 can include a ban on transferring or encumbering jointly held property, along with other relief.

Our guide on protecting your finances before a divorce covers steps to take before anyone files.

What Courts Look at When Money Disappears

Not every withdrawal is improper. A spouse who uses joint funds to pay the mortgage, utilities, groceries or children’s expenses is often doing what the household has always done. Courts generally look more closely when money is moved or spent in ways that do not benefit the marriage, such as:

• Transferring large sums into an account only one spouse controls.
• Spending on a romantic partner.
• Gambling losses or unusual cash withdrawals.
• Gifts or loans to friends or relatives that are not documented.
• Paying one spouse’s separate debts with marital money.

Wasting marital assets is often called dissipation. When the court finds dissipation, it may account for the missing money when it divides the remaining property. Our article on dissipation of marital assets explains how that works. Marital misconduct that affected the family’s finances is also one of the property division factors.

What to Do If Your Spouse Empties the Account

1. Stay calm and do not retaliate. Emptying another account or running up a credit card in response can hurt your own credibility with the court.
2. Get the records right away. Download or request statements showing the balance before and after, and the date, amount and destination of each withdrawal.
3. Write down the timeline. Note when you discovered the withdrawal, what your spouse said about it, and any texts or emails mentioning money.
4. Protect your own income going forward. Ask your attorney about opening an individual account for your future paychecks and changing direct deposit. Keep a record of what you do and why.
5. List urgent bills. Write down the mortgage or rent, utilities, insurance and child-related costs that the missing funds were supposed to cover.
6. Talk to a lawyer about a temporary hearing. If the money is needed for basic expenses, a party can ask the court for temporary relief instead of waiting for the final hearing.
7. Use discovery if the trail goes cold. Subpoenas and requests for production can trace where funds went. See discovery in a South Carolina divorce.

Can You Take Money From a Joint Account Yourself?

Many people ask whether they should withdraw half before their spouse does. The bank may allow it, but the family court will look at what you did with the money. If you are thinking about moving funds:

• Talk with an attorney first if you can.
• Avoid taking more than you can justify for necessary living expenses or keeping marital funds safe.
• Do not spend it on non-essentials. Keep it in an account you can document.
• Keep a written record of every transfer and every expense paid.
• Disclose it. The funds should appear on your financial declaration and in discovery responses.

Hiding a withdrawal tends to cause more harm than the withdrawal itself. Courts expect full financial disclosure from both spouses.

Joint Credit Cards and Lines of Credit

The same problem can happen in reverse. Instead of emptying an account, a spouse may run up a joint credit card or draw on a home equity line of credit. The lender can generally pursue either person whose name is on the account, no matter what the divorce decree later says about who pays.

Steps people often consider include asking the card issuer whether a joint account can be closed to new charges, removing authorized users, and checking credit reports for accounts you did not know about. Debts taken on during the marriage are also divided by the family court. See debt division for how courts handle them.

Documents That Help

Keep copies of these records somewhere your spouse cannot access:

• Bank statements for at least the last few years, for every joint and individual account.
• Credit card statements and loan statements.
• Pay stubs and recent tax returns.
• Records of any account opened or closed recently.
• Screenshots of online banking showing balances on key dates.

For a complete list, see financial records you will need for a divorce, and for the broader process, return to the South Carolina Divorce Guide.

Frequently Asked Questions

Is it illegal for my spouse to withdraw money from our joint account?

Usually the bank allows either joint owner to withdraw. The family court can still require the spouse to account for the money and may consider it when dividing marital property.

Does filing for divorce freeze our bank accounts?

No. Filing does not by itself freeze joint accounts in South Carolina. Restrictions generally come from a court order or an agreement between the spouses.

What counts as dissipation?

Generally, spending or moving marital money for purposes that do not benefit the marriage, such as gambling or spending on a romantic partner. Ordinary household bills usually are not dissipation.

Should I take half the money out first?

Talk with an attorney before you do. If you move funds, use them only for necessary expenses or keep them safe, keep records, and disclose the transfer.

How can I find out where the money went?

Bank statements are the first step. If transfers lead to accounts you cannot see, discovery tools such as subpoenas and requests for production can help trace them.

Sources

• S.C. Code Title 20, Chapter 3 (equitable apportionment of marital property)
• S.C. Code Title 20, Chapter 4 (Protection from Domestic Abuse Act)
• South Carolina Judicial Branch: Family Court Rules