How Can I Stop My Spouse From Taking All Our Money Before the Divorce Is Final?

how to protect your money during divorce

When divorce is on the table, money can become a battlefield. One of the first things clients ask us is, “How do I keep my spouse from wiping out our accounts before this is over?” And honestly, they’re not being paranoid—it happens.

At Okoye Law, we’ve seen it far too often. One spouse gets scared, angry, or just plain reckless and starts emptying joint bank accounts, running up credit card bills, or even transferring property to relatives to make it look like they own less than they really do. It’s a tactic. And if you’re not paying attention, you could be left picking up the pieces while your ex walks away with more than their fair share.

The key is acting early. If you think your spouse is trying to hide money, shift assets, or reduce the value of what should be split, there are ways to protect yourself. But the longer you wait, the harder it gets to untangle the mess.

Know What Actually Counts as Marital Property

Before you can protect anything, you need to know what counts. In South Carolina, marital property includes most things either of you got while you were married—no matter whose name is on the account or title.

That usually means:

  • Bank accounts (joint or individual)
  • Retirement savings and investment accounts
  • Any real estate purchased during the marriage
  • Vehicles, even if only one of you drives it
  • Furniture and household goods
  • A business, if it grew while you were together

Some assets—like inheritances, gifts, or anything owned before the marriage—might be considered separate property, but that’s not a guarantee. If those things were mixed into a joint account or your spouse contributed to their upkeep, they could still be up for division.

The sooner you gather what you can—account balances, property records, credit card statements, even tax returns—the better. If something seems off, or you think your spouse is moving money around, bring it to your divorce lawyer right away. We know how to spot red flags and, if needed, get the right experts to track things down.

Here’s How to Get Ahead of Financial Games in Divorce

If you think your spouse might try something shady with the money—like draining your joint account or racking up debt in both your names—don’t wait for proof. You don’t need things to blow up before you protect yourself.

Here’s what you can do, starting now:

  1. Open your own account. If your paychecks are still landing in a joint account, move them. Get a bank account in your name only. Keep enough in there to cover rent, groceries, legal fees—whatever you need to stay afloat while things unfold.
  2. Cut off shared credit cards. If you’ve got joint credit cards, shut them down or take your spouse off as an authorized user. Fast. Because if they go on a spending spree, guess who the credit card company’s coming after? You.
  3. Change your passwords. Think banking apps, investment accounts, even those old logins you forgot you had. If it connects to money or financial info, lock it down. You don’t want them logging in and making changes behind your back.
  4. Make copies of everything. We’re talking tax returns, bank statements, credit card bills, retirement accounts—print them, download them, screenshot them if you have to. If things start disappearing, you’ll be glad you’ve got the paper trail.
  5. Take photos of anything valuable. Jewelry. Art. Collectibles. Even the furniture if it’s worth something. Snap pics, take a video—just make sure there’s a record in case something “vanishes” before the split is official.
  6. Get a lawyer in your corner. A good divorce attorney can tell you what to expect, what to watch out for, and what steps are worth taking based on your exact situation. Don’t go it alone—especially if your gut already says something’s off.

You don’t have to wait for things to get worse before you protect yourself. Taking these steps now can save you from a lot of stress—and keep you from being blindsided later.

If They’re Already Messing With the Money, Here’s What You Can Do

Sometimes people don’t wait for the ink to dry before trying to hide assets, drain accounts, or move money around. If your spouse is already doing damage, you’ve got legal tools to push back.

  1. Temporary court orders. Your lawyer can ask the judge to issue an order stopping your spouse from selling, transferring, or messing with marital property. If they do it anyway? That’s a violation—and it can lead to fines, or worse.
  2. Freeze the assets. If things are getting serious, a judge might freeze certain accounts altogether. That means no one—neither of you—can touch the money until the divorce is finalized. It’s not always needed, but it’s powerful when it is.
  3. Hire a forensic accountant. If you think your spouse is being sneaky—stashing money somewhere, funneling it through someone else—bring in a pro. A forensic accountant can comb through the records and uncover what they’re trying to keep hidden.
  4. Ask the court for a bigger cut. If your spouse already blew through part of the marital estate, you might be entitled to more of what’s left. Courts can order an unequal property division if one party caused serious financial damage.

If your spouse has already crossed a line, don’t assume there’s nothing you can do. The court has ways to hold them accountable—but you’ve got to speak up and take action before more damage is done.

Why Having a Lawyer in Your Corner Matters More Than You Think

When you’re trying to hold things together during a divorce—especially one where money’s starting to vanish—it’s easy to feel like you’ve got to do it all yourself. But here’s the thing: divorce isn’t just emotional. It’s financial. And if your spouse is already messing with the numbers, going it alone can cost you more than you realize.

At Okoye Law, we’ve walked this road with a lot of people. Some came to us after they’d already lost too much. Others showed up just in time. Either way, what they needed was the same—someone who could cut through the noise and protect what mattered.

Here’s what we actually do in situations like this:

  • We catch the early signs your spouse might be shifting or hiding assets.
  • We get the records—tax returns, account statements, whatever it takes to see the full picture.
  • If the numbers aren’t adding up, we know how to follow the money and build the case.
  • And when things are heading off the rails, we can ask the court to step in—freeze accounts, stop transfers, and lock things down until it’s sorted.

The legal side of this isn’t always straightforward. But we know how to handle it, and we’re not afraid to call things out when they don’t feel right.

Before Things Spiral, Reach Out

You don’t need to wait until everything falls apart. If your gut’s telling you something’s off—money disappearing, account access changing, your spouse suddenly acting secretive—that’s enough reason to get ahead of it.

Reach out to us. No pressure, no one-size-fits-all advice. Just a real look at what’s going on, what the law allows, and what we can do to protect your side of things. We’ll walk through where things stand and what steps are available if your spouse is already trying to move the goalposts.

You’ve worked hard for what you have. You shouldn’t have to fight to keep it alone. We’re here to step in before things go any further.

Author Bio

rock hill criminal defense family and personal injury lawyers

Colin Okoye is the CEO and Managing Partner of Okoye Law, a Rock Hill, SC,  criminal defense, personal injury, and family law firm. With years of experience, he has zealously represented clients in various legal matters, including DUI charges, divorce cases, and car accidents.

Colin received his Juris Doctor from the Charlotte School of Law and is a South Carolina Bar Association member. His previous experience working as an Assistant Public Defender in the Sixteenth Judicial Circuit has equipped him with the necessary skills and knowledge to represent clients in a wide range of cases effectively.

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