I would give him the checks. The accounts are marital property, if he "wastes" money (like spending on OW) he will be accountable for it in ED. You really want him to have the checks so its documented where the money is going. He could go to the bank right now and withdraw cash (and he has good reason, you took the checks!) and the spend the money and you not know where it is going. Its better for you that he has them.