Can I Withdraw Money from Joint Accounts During Divorce in California?
Divorce brings major financial changes, and one of the first questions many people have is: "Can I withdraw money from our joint accounts?" If you're facing divorce in Los Angeles, understanding your rights and risks when it comes to accessing joint funds is critical to protecting yourself financially.
In this post, we'll cover when you can withdraw money from joint accounts during divorce, how California law treats these withdrawals, and important do's and don'ts to avoid costly mistakes.
Accessing Joint Bank Accounts Before Divorce Is Filed
Before either spouse officially files for divorce in California, there are generally not legal restrictions on accessing joint accounts. Both spouses typically have equal rights to the funds in any joint checking, savings, or investment accounts.
However, just because you can withdraw money doesn't always mean you should without careful planning. If you know divorce is coming, strategic preparation is key. In some cases, withdrawing half of the funds before filing may be a reasonable step to ensure financial security, especially if you are the lower-earning spouse or if the other spouse is financially irresponsible. However, this is not always advisable, so it’s important to consult with an attorney. The right approach depends on the specific facts of your situation and must be evaluated carefully.
Important considerations before withdrawing funds:
Keep detailed records of any amounts you withdraw.
Stick to withdrawing only your fair share (typically 50%, but not always) to avoid claims of misconduct.
Consult with a family law attorney before taking major action, especially if you're concerned about domestic violence, financial abuse, or hidden accounts.
If multiple accounts, business interests, or real estate holdings are involved, it becomes even more important to handle withdrawals thoughtfully and document everything carefully. Strategic planning now protects your legal position later — especially in complex asset division.
What Happens After Divorce Is Filed: The Role of ATROs
Once a California divorce petition is filed, Automatic Temporary Restraining Orders (ATROs) immediately go into effect. ATROs are court orders that prohibit both spouses from doing certain things without the other spouse’s consent or a court order, including:
Changing, canceling, or borrowing against insurance policies (including life, health, auto, and disability) held for the benefit of either spouse or their minor children.
Selling, transferring, hiding, or otherwise disposing of any property (whether community, quasi-community, or separate) unless it is done in the ordinary course of business or to cover necessities of life. Keep in mind that what qualifies as "ordinary course of business" or "necessities of life" can be complicated and is not always obvious.
Taking large loans or incurring significant debts that are not related to basic living expenses.
In simple terms: after filing, you cannot transfer funds from joint accounts without mutual agreement or court permission unless a narrow exception applies. Violating ATROs can lead to serious legal and financial penalties.
Why Timing Matters When Withdrawing Money During Divorce
Timing is everything when it comes to accessing joint accounts during divorce in California.
If you need to secure funds for:
Daily living expenses
Housing
Hiring a divorce attorney
...you should ideally get legal advice about whether you should do so before the divorce is filed. Once ATROs take effect, you'll likely need consent or a court order to access joint funds. If disputes arise, you may have to wait months for court hearings or to seek temporary support orders.
This waiting period can leave lower-earning or non-earning spouses financially vulnerable. At the same time, how you handle account withdrawals early on can set the tone for the entire case, so it's important to act carefully and strategically.
Should You Withdraw All the Money from Joint Accounts?
Rarely is it wise to empty a joint account completely.
While taking half of the available funds before filing can sometimes be justified, withdrawing more than your share can:
Escalate conflict and make divorce litigation more hostile.
Trigger claims that you breached your fiduciary duty to your spouse.
Lead to court orders requiring you to reimburse the account and pay penalties.
Damage your credibility with the judge, which can have broader consequences for how property is divided, how support obligations are set, and how the court views your financial integrity overall.
Even with good intentions, draining accounts can cause long-term and serious legal and financial consequences.
Special Considerations in High-Conflict or Abuse Cases
If you fear your spouse may:
Empty joint accounts
Hide assets
Engage in financial abuse
Or if there is a history of domestic violence
… then a carefully planned withdrawal (with full documentation) before filing may be necessary to protect your immediate security and safeguard your long-term financial position.
Acting strategically — not fearfully — ensures that you maintain credibility with the court while still protecting yourself from potential harm.
In these cases, consulting a family law attorney first is essential. You may be able to seek emergency court orders to freeze accounts if needed, but obtaining emergency relief requires showing extreme circumstances and an immediate risk of loss.
The Best Path: Agreement and Advance Planning
Whenever possible, try to reach an agreement with your spouse early about how joint accounts will be handled.
Options include:
Agreeing to split the funds into separate accounts.
Maintaining joint accounts for shared bills only, with clear ground rules.
Setting up automatic payments for ongoing household expenses.
Early agreements reduce stress, preserve trust, and allow both parties to move forward with more financial stability.
Key Takeaways: Access to Joint Accounts During Divorce in California
Before filing for divorce, you can usually withdraw from joint accounts, but plan carefully and obtain legal advice first.
After filing, ATROs restrict your ability to move funds without agreement or court permission.
Avoid draining accounts or acting in bad faith; it can hurt you in court and financially.
Preserve records regarding any withdrawn funds and spend them responsibly.
Consult an experienced family law attorney before making major financial moves, especially in high-conflict or high-asset cases.
Final Thoughts
Managing joint accounts during divorce can be complex and emotionally charged. The right approach depends heavily on your specific circumstances, financial needs, and the dynamics of your case.
Our firm focuses on helping professionals, business owners, and individuals with significant assets navigate high-stakes divorces with clarity, strategy, and care. Contact us today to start building a secure plan for your financial future.—
Emily Rubenstein Law PC is a full service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.
Give us a call or check out our website:
(310) 750-0827 | www.emilyrubensteinlaw.com
On your side,
Emily Rubenstein, Esq.
Founding attorney
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