Can I Stop My Spouse From Spending Money During The Divorce?

You check the joint account balance and see $15,000 missing. Your spouse bought a new car—cash. Credit card bills show expensive dinners and hotel stays. The business account that had $50,000 last month now sits at $12,000.

Can you stop your spouse from spending money during the divorce? Yes, but not without court intervention.

Florida law provides mechanisms to freeze accounts, restrict spending, and penalize spouses who waste marital assets. These protections aren’t automatic, and you need to act quickly before the money is gone.

What Does Florida Law Say About Spending During Divorce?

Florida Statutes § 61.075(1)(i) addresses “intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.”

This means:

Courts consider wasteful spending when dividing property. If your spouse deliberately wastes marital money, the judge can compensate you by giving you a larger share of the remaining assets or crediting you with the dissipated amount.

However, this doesn’t automatically stop the spending—it just provides a remedy after the fact. To actually prevent spending while the divorce is pending, you need court orders.

Can You Get a Court Order to Stop Spending?

Yes. Florida courts have the authority to issue temporary orders restricting financial transactions during divorce.

Temporary Injunctions

Rule 12.610 governs the procedures for issuing injunctions, but does not impose a statewide “automatic” injunction simply upon filing. Automatic restrictions depend on whether a local circuit has an administrative Standing Status Quo Order in effect, or if a temporary injunction is specifically sought and granted by the court.

Emergency Relief

If your spouse is actively draining accounts or selling assets, you can request emergency relief.

You can file:

• Motion for temporary injunction to freeze specific accounts
• Motion for temporary relief seeking control over marital funds
• Motion to preserve assets pending final judgment

The court can order the immediate freezing of bank accounts, credit cards, investment accounts, or business accounts.

What Counts as “Dissipation” or “Waste”?

Courts distinguish between reasonable expenses and intentional dissipation.

Examples of dissipation:

• Gambling away marital funds
• Transferring money to a paramour
• Purchasing expensive gifts for a new romantic partner
• Taking extravagant vacations alone
• Paying off personal debts of friends or family with marital funds
• Making large cash withdrawals with no explanation
• Selling assets below market value to hide money

Examples of reasonable expenses:

• Paying mortgage, utilities, and household bills
• Buying groceries and necessities
• Paying for children’s expenses
• Maintaining vehicles
• Paying reasonable attorney fees
• Necessary medical expenses

The key question: Is this spending consistent with the marital standard of living, or is it designed to deplete assets before division?

How Do You Prove Your Spouse Is Wasting Money?

Evidence matters. To get court intervention, you need documentation.

Gather:

• Bank statements showing withdrawals, transfers, or unusual spending patterns
• Credit card statements documenting luxury purchases, gambling, or gifts
• Receipts or photos of expensive purchases
• Social media posts showing lavish spending or new purchases
• Testimony from friends or family who witnessed wasteful spending
• Before and after account balances demonstrating depletion

Present this evidence in your motion for temporary relief. Courts won’t freeze accounts based on vague accusations—you need specific proof.

What Emergency Orders Can You Request?

When filing a motion for temporary relief, you can ask the court for several types of orders:

1. Freeze Bank Accounts

Request the court freeze joint accounts or accounts in your spouse’s name containing marital funds. The court can order that no withdrawals occur without both parties’ consent or court approval.

2. Cancel Credit Cards

Request cancellation of joint credit cards or setting credit limits to prevent accumulating debt that will become your responsibility.

3. Require Accounting

Order your spouse to provide a detailed accounting of all expenditures and account transactions since filing.

4. Establish Spending Limits

Set maximum amounts your spouse can spend monthly on non-essential items without court approval.

5. Require Joint Signatures

Order that both parties must sign for any transaction over a specified amount.

6. Appoint a Receiver

In extreme cases, request the court appoint a receiver to manage marital assets until final division.

How Quickly Can You Get Relief?

Speed depends on the urgency and evidence.

Emergency relief: If you demonstrate immediate harm (spouse actively draining accounts), you can get a hearing within days. File your motion with a request for an emergency hearing and provide evidence showing ongoing dissipation.

Standard temporary relief: Typically scheduled within 2-4 weeks of filing your motion.

The process:

1. File a motion for temporary injunction or relief
2. Serve your spouse with the motion
3. Attend hearing where both sides present evidence
4. Judge issues temporary order
5. Order remains in effect until the final judgment

Temporary orders can be modified if circumstances change, but they provide immediate protection while the divorce proceeds.

What Happens If Your Spouse Violates Court Orders?

Violating temporary injunctions or court orders has serious consequences.

The court can:

• Hold your spouse in contempt of court
• Impose fines or jail time
• Order your spouse to pay your attorney fees for enforcement
• Award you a larger share of marital assets to compensate
• Credit you for the full amount of assets your spouse wasted

To enforce orders:

File a motion for contempt with evidence showing the violation. The judge can sanction your spouse immediately if the violation is clear.

Can You Stop Spending Before Filing for Divorce?

Yes, but your options are more limited.

Before filing, you can:

Remove your name from joint accounts (though this may complicate divorce proceedings)

Close joint credit cards or request removal as an authorized user

Document all current balances in accounts, investments, and assets

Withdraw half of the joint account funds and place them in a separate account (courts generally allow each spouse to take 50% before divorce is filed)

Change direct deposit to a separate account in your name only

Be careful: Taking more than half of joint funds or hiding assets before filing can backfire. Courts view this negatively and may penalize you during property division.

What Should You Do Right Now?

Take immediate action to protect marital assets:

1. Document everything. Print account statements, credit card bills, and financial records showing current balances.

2. Monitor accounts. Check balances daily if you have access. Note any unusual activity.

3. Calculate baseline spending. Determine normal monthly expenses during the marriage to establish what constitutes “wasteful” spending.

4. Photograph valuable assets. Take pictures of jewelry, artwork, vehicles, and other valuable items before they disappear.

5. Consult a Miami divorce lawyer immediately. Don’t wait until accounts are empty. An can file emergency motions to freeze assets.

6. File for divorce promptly. The automatic temporary injunction doesn’t take effect until the petition is filed and served.

Can You Stop Your Spouse From Spending Money During Divorce?

Yes—but you need court intervention. Florida law protects marital assets from dissipation, but those protections require you to act quickly. The automatic injunction helps, but emergency court orders provide stronger protection when your spouse is actively wasting money.

Every day you delay is another day your spouse can drain accounts, sell assets, or accumulate debt you’ll be responsible for paying. If you suspect your spouse is wasting marital funds, don’t wait. 

Contact Nest Law to discuss emergency relief options and protect your financial future before it’s too late.

This content is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, consult with a qualified Florida family law attorney.