Imagine the joint bank account you've shared for years has been completely drained by your spouse. Whether divorce papers have been filed or separation is just starting, this kind of financial move can feel like both betrayal and theft.
A Chesapeake family law attorney understands that when one spouse empties a joint bank account, it may be for legitimate expenses. However, courts scrutinize timing, documentation, and purpose. Virginia law doesn't prevent a spouse from accessing joint funds at the bank level, but the courts have mechanisms in place to address what happens after.
Why Banks Allow One Spouse to Withdraw Everything
Joint accounts mean both account holders have equal legal access to every dollar. Under Virginia Code §6.2-612, "Any multiple-party account may be paid, on request, to any one or more of the parties." A financial institution is not required to inquire as to the source of funds deposited or the proposed application of any sum withdrawn.
During the spouses' lifetimes, a joint account is deemed owned equally unless there's clear and convincing evidence of a different intent. This equal ownership presumption applies in divorce proceedings, even though one spouse may have physically withdrawn all the funds.
That doesn't mean it's consequence-free in divorce court. Virginia judges pay close attention to how spouses handle marital property during divorce proceedings. Just because your spouse could empty the account doesn't mean they'll get to keep that money without answering for it.
How Virginia Courts Address Dissipation of Marital Assets
When dividing assets, Virginia courts must consider "the use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when done in anticipation of divorce or separation or after the last separation of the parties."
This means withdrawals matter most when they happen after the breakdown of the marriage or in anticipation of divorce. A large withdrawal made years before separation and used for family purposes likely won't trigger scrutiny. But a withdrawal made days before filing or immediately after separation raises red flags about intent and purpose.
The Burden of Proof
The spouse alleging dissipation must first show that marital funds were wasted or spent post-breakdown for a non-marital purpose. Once that threshold is met, the burden shifts to the withdrawing spouse to provide an adequate explanation showing the funds were used appropriately.
Not every withdrawal qualifies as dissipation. Paying the mortgage, covering medical bills, or maintaining necessary household expenses during separation can be justified. The difference lies in documentation, timing, and whether the expenditure benefited the marriage or only one spouse.
How Courts May Respond
When a judge determines that one spouse dissipated marital funds, the primary remedy is to adjust the equitable distribution of assets. The court can credit the other spouse in equitable distribution or make a monetary award to offset the dissipated amount.
Courts may consider the parties' financial circumstances and equities when awarding spousal support, but support isn't a punishment. Dissipation typically affects equitable distribution more directly. Spousal support follows different statutory factors, rather than financial misconduct. The goal in equitable distribution is to make the wronged spouse whole through the property division process.
What to Do If Your Spouse Empties Your Joint Account
Speed matters. The longer you wait to respond, the harder it becomes to trace where the money went. Taking action quickly can protect your legal rights and give you leverage in negotiations.
- Document everything immediately. Pull bank statements showing the account balance before and after the withdrawal, and save any text messages or emails where your spouse mentions the money. This evidence becomes critical if the case goes to court.
- Notify your attorney right away. If you've already retained counsel, contact them the moment you discover the withdrawal. Your attorney can use discovery tools to trace funds and build your dissipation claim.
- Seek pendente lite relief to preserve assets. Virginia has no statewide automatic asset injunction at filing; you must request relief under §20-103 (discussed below).
- Don't retaliate by doing the same thing. It's tempting to withdraw funds from other joint accounts in response, but this can backfire. Courts are less sympathetic when both parties engaged in questionable financial conduct.
Can You Get Emergency Relief If You're Left Without Money?
Virginia courts recognize that one spouse draining accounts can leave the other in immediate financial distress. Under §20-103, courts have the authority to grant pendente lite relief (temporary orders during the divorce). The most common pendente lite tools include:
- Temporary spousal support. This gives the financially dependent spouse resources to cover living expenses while the divorce is pending.
- Allocation of bill payment responsibilities. Judges can assign specific bills to each spouse to keep the mortgage, utilities, and other obligations current.
- Exclusive use and possession of the marital residence. Courts can award one spouse temporary possession of the home, particularly when minor children are involved.
- Preservation and injunction orders. Courts can prohibit either party from transferring, encumbering, or dissipating marital assets without court approval or the other spouse's consent.
Pendente lite orders generally remain in effect until the final decree or further order of the court, providing critical stability when one spouse has cut off the other's access to money.
Moving Forward When Financial Trust Has Been Broken
Financial misconduct during divorce complicates an already difficult process. When one spouse empties joint accounts, settlement becomes harder and litigation more likely.
Virginia law provides tools to address this behavior. Courts have broad discretion to fashion equitable remedies when one spouse dissipates marital assets. Whether through adjusting property division, granting pendente lite relief, or ordering accountings, judges can respond to financial misconduct in ways that protect the wronged spouse.
If your spouse has drained your joint bank account, document what happened, consult with a Chesapeake divorce attorney who understands Virginia equitable distribution law, and take action to protect your financial future.