She is well within her rights to move that money to another account. AS LONG AS SHE DECLARES IT IN DISCOVERY and is not hiding it. This safegards the funds until her atty can appropriately put things in place and she is not suddenly out of $30k. My friend managed a bank and the stories he could tell about one spouse clearing out the account before the other --- the bank can do nothing and often times that money "disappears". In my opinion you did yourself a favor by locking down those funds.
I did not want my D.
I was a hot mess. My family used connections to get me into a kick butt attorney at the front of the line... no waiting 8 weeks. My mother dragged me in and paid the retainer. Deep down I knew it was the right thing to do but I was soooooo beaten down by XH at home. Screaming... yanking me out of bed how this was going to play out and how we would use his "free" atty thru work and it would be amicable... my head was a mess, all while my heart was trying to figure out how things got so broken.
I got my ducks in a row. I was prepared.
I started getting the email that XH was liquidating an acct at the broker. Tech his funds he brought into the M 10yr ago but they were in a joint acct so that made them marital funds.
In the background I met with the attorney. Had all the paperwork drafted for a legal S and to freeze all the accounts. While the account took a 30% hit (((he literally liquidated at the lowest point in the stock market))), I was able to lock down the funds at brokerage and prevented him from moving them to his personal account.
The sh*t hit fan.
XH had no idea I had an atty and did all this until I texted the documents signed by the judge... he just thought I would buy into his fantasy that his attorney would draft our decree and we'd never see a judge.
Then on advice my attorney I removed 50% of the funds from accounts in "his" town that were joint. She just said I needed to keep documentation that I only took 1/2.
Holy Cow... my XH called again and threatened me and said he was going to sue my attorney for the bad advice she gave me... blah, blah, blah
Eventually he settled down. In the end he never made a stink about the money I took which was mine. He never even hired his own atty. I made sure he "got" the liquidated funds from the account he "thought" was his... in the end he never even fought and agreed to my offer which was 40k in my favor.
***Please see an atty. Laws vary everywhere. Even if you did contribute 85% of the funds in the joint account... you still may only be entitled to 50%.
My heart goes out to you!!!! Pregnancy is tough enough. You should not having to be dealing with this too. Girl, get yourself an atty and get everything you are entitled too... bust his fantasy that he has going on in his head.
