Blog

What Can You Do If Your Spouse Is Dissipating Assets, Hiding Assets, Wasting Assets; and Giving You No Money?

If your spouse is dissipating assets, hiding assets, wasting assets, and giving you no money; you can file a Temporary Prohibitive Ancillary Injunction to Preserve Assets, and ask the court to freeze the assets. How does this help you? It prevents your spouse from spending, wasting, dissipating, or transferring assets without a court order. This helps you preserve the assets in order that you may obtain half of the assets that you are entitled to receive inequitable distribution. This also forces your spouse into a position that makes him/her more willing to negotiate; and for him/her to provide you with the necessities for you to survive and live comfortably until the case is resolved. He/she will usually do this to avoid the freezing of the assets. It gives you leverage in negotiating with him/her in order that you may obtain your fair share on a temporary basis until you resolve the case.

You may request that the injunction is issued ex-parte. That is without notice to your spouse. You submit the motion and order to the judge without notifying your spouse. The judge may sign the order freezing the assets, or the judge may set the motion for hearing. You make the ex-parte request on the grounds that you need it in order to prevent your spouse from wasting or hiding or dissipating the assets in the interim thereby causing you irreparable harm. Your goal is to preserve the assets and prevent waste, dissipation, and removal of assets. 

If the court requires a hearing, you make be able to negotiate and resolve the matter prior to the hearing. Otherwise, you attend the hearing and argue to the judge why is crucial that the judge enjoin your spouse from dissipating, transferring, or wasting the assets. You would prove that your spouse has wasted, dissipated, or hidden assets by the bank statements. You would argue that the assets must be preserved, or else there will be no assets for you to share in and divide with your spouse during equitable distribution.

The judge most likely will require you post bond if he/she grants the motion ex-parte, or at the hearing. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only; and it does not form an attorney-client privilege.