"But he is goin to buy my son a car which he needs and I can't afford so I want to wait for him to do that. He is also going to get D tires which she needs"
Ummm.....could you afford to pay half if you had half the savings? Where is the money for these items coming from? Is he spending down savings that you are going to need to get you through a transition/divorce?
Also - if he's looking for an apartment, he's going to need first and last month's rent etc. - you don't want him to take that out of joint savings.
It's tricky, timing when to take half the money, but you don't want to let him spend it all first. Also you don't want him to clean out the accounts before you get a chance.
Make copies of ALL bank accounts, 401k statements, pension plan papers, tax returns etc NOW.