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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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My husband opened a joint checking account with a girlfriend

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My husband opened a joint checking account with a girlfriend and deposited his pay in that account for 7 months, in addition to depositing 401K loan amounts (5K and 14K + 6K) for her to have access to; i had no access to the monies while this was going on. They both spent all the money; roughly 15K per month of his pay (subtract nominal marital joint loan payments and his care payment, gas). Her husband also had access to the money during this period. I am currently separated and she has moved on. Now he is broke. what recourse do i have with her for the money (marital) that she spent? their joint acct is closed.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help. You have no action at all against the girlfriend, the person that is liable for this money is your Husband. The girlfriend only spent money that was given to her, she is not responsible for him using up marital assets. He legally had access to this money and shared it with her, thus there is nothing either civilly or criminally wrong that the girlfriend did. Now your Husband is a different story. It is he that took marital assets that you are entitled to an equal share of, and squandered this on his relationship. This will cause the court to reduce any marital award he might get, and that money will be put back into the pot for distribution, so you get at least half of this money that is gone. Also if this is a long marriage, it also effects an alimony award and makes his actions admissible in evidence, as if one has an affair and squanders marital assets on it, then that will increase and or cause an alimony award. Thus you have a remedy, and it is against your husband. Sincerely, Steve
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