What can you do to prevent your spouse from dissipating your assets in an Orlando, Florida Divorce?
Are you concerned your spouse is dissipating your assets? Has your spouse moved assets from your accounts to someone else’s account? Has your spouse spent your monies for things that were not for ordinary living expenses? Is your spouse draining your accounts? Is your spouse borrowing against the 401(k)? Has your spouse cashed out the IRA? Has your spouse cashed out the life insurance policy? Is your spouse concealing money? Has your spouse threatened to do that? Are you concerned your spouse will do that? What can you do to prevent your spouse from dissipating your assets in an Orlando, Florida divorce? What can you do to prevent your spouse from concealing monies in an Orlando, Florida divorce? How can you preserve your assets during an Orlando, Florida divorce?
You can file an Injunction and ask the court to prevent the spouse from accessing the account. You will have to file a verified sworn motion to do that. You will also have to post bond. You may request an ex parte temporary injunction prohibiting the spouse in the pending dissolution of marriage action from conducting specified financial transactions without court order or consent of you.
To do that, you must show that you are at risk of immediate and irreparable injury should the spouse dissipate assets in which you are entitled to an equitable share. However, the court must set a bond in accordance with the rules of civil procedure.
You would have to file a sworn affidavit stating the facts of how the spouse dissipated the assets or was going to dissipate the assets. You would have to file a sworn affidavit stating the facts of how the spouse concealed monies or was going to conceal monies. Furthermore, in order to obtain an ex parte injunction, you must elaborate on the fact that if the spouse received notice of your application for an injunction, that you fear your spouse would conceal assets and dissipate additional assets subject to equitable distribution. See Florida Rule of Civil Procedure 1.610(a)(1); 1.610(a)(2), (c).
If you have further questions regarding dissipation or concealment of assets during an Orlando, Florida divorce, ex parte injunctions, or general divorce questions, you may call Ann Marie Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 for an initial consultation.
This article is for informational purposes only, and does not form and attorney client privilege.