Lucy: Thank you for the previous answer.
Georgia is an equitable division state. My wife closed our joint bank account, capturing monies that were considered joint property
. She spent this money, gave it to her relatives, bought a car which was in her name only, and just generally used it as her money to spend. She closed the account while waiting for her lawyer to file the divorce
She spent the money after the legal separation
At the mediation
, I was told that the money I was claiming she owed me from those funds, i.e. half of it, could not be paid because she had spent it all. She does have money in a separate account which is her separate property from a legal settlement. Can she get by with spending our joint funds and then claiming she has none left because she spent it? (Keep in mind she spent it after our legal separation date). Seems to me if she has money even though it is her separate property, she should have to pay me back for the portion of our joint funds in the joint account.
While I can not find it right now, it seems like the judge cautioned against disposing of any joint property on the "acknowledgement" of the filing, before a settlement was reached. I can't be positive; I will have to find the paperwork but I am pretty sure it said any party disposing of any property before settlement would be charged with contempt.