Can I Take Money Out of a Joint Bank Account Before Filing for Divorce in Illinois?

You can, but it carries significant legal risk. Illinois law does not prohibit withdrawing from a joint account before a divorce petition is filed. However, under 750 ILCS 5/503(d)(2), if the marriage was already undergoing an irretrievable breakdown at the time of the withdrawal, the court can treat that money as dissipated marital property and award your spouse a compensating share of the estate. Courts expect both parties to maintain the financial status quo during the breakdown period. Large or unusual withdrawals, especially those that are not documented or cannot be traced to a marital purpose, are the ones most likely to be challenged.

What Happens If My Spouse Empties Our Bank Accounts Before I File?

You have legal options. Once a divorce petition is filed, you or your attorney can petition the court for an emergency Financial Temporary Restraining Order under 750 ILCS 5/501, which can prevent further dissipation. You can also pursue a dissipation claim under 750 ILCS 5/503(d)(2) for the funds already removed, provided the marriage was breaking down at the time. Bank statements and account records documenting the withdrawal are critical to supporting this claim. In urgent situations, attorneys can file emergency motions to address ongoing financial misconduct quickly. The sooner you act after discovering the depletion, the more options you have.

Can Spending Money Before Filing for Divorce Be Considered Dissipation in Illinois?

Yes. Illinois courts do not require a divorce petition to be filed before dissipation can occur. Under 750 ILCS 5/503(d)(2), dissipation applies to spending that took place while the marriage was undergoing an irretrievable breakdown, regardless of whether filing had happened yet. The party claiming dissipation must establish when the breakdown began and show that the spending was not for a legitimate marital purpose. Common examples of pre-filing dissipation include spending on an affair partner, making large purchases inconsistent with the couple's normal lifestyle, and transferring assets to third parties outside the marital estate.

Should I Open a Separate Bank Account Before Filing for Divorce?

Opening a new account for your own future income deposits is generally permissible. That new account is also considered to be marital property. Moving existing marital funds into it without your spouse's knowledge is not. If you deposit your paycheck into a new personal account going forward, courts generally treat this as a practical financial separation, not dissipation. However, if you transfer money that was already in a joint marital account, that transfer can be challenged under 750 ILCS 5/503(d)(2). Before taking any step that moves money out of an existing joint account, speak with an attorney who can assess whether your specific situation creates risk.

Can My Spouse Get a Financial Restraining Order Before the Divorce Is Filed?

No. A Financial Temporary Restraining Order in Illinois can only be issued in connection with a filed divorce petition under 750 ILCS 5/501. Your spouse cannot obtain a pre-filing freeze on marital assets. However, once the petition is filed, the order could be granted the same day on an emergency basis, sometimes without advance notice to you. At that point, any marital assets are restricted, and violations can result in contempt proceedings and adverse rulings at the final hearing. This is why pre-filing financial decisions require careful legal guidance rather than unilateral action taken in the hope that the other spouse does not find out.

Genevieve Binnie, Author at Anderson Boback & Marshall

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Categorized as Divorce, High Asset Divorce, Property Division

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Author: Genevieve Binnie

Can You Spend or Hide Marital Money Before Filing for Divorce in Illinois?

My Spouse Is Spending All Our Money During Divorce in Illinois. What Can I Do?

How to Protect a Business With an Illinois Prenuptial Agreement

Child Custody for High-Net-Worth Families in Illinois

Protecting Business Interests During an Illinois Divorce: Practical Advice for Entrepreneurs

How Trusts Are Treated in Illinois Divorce