When One Spouse Controls the Finances: How to Protect Yourself in Divorce

In many marriages, one spouse takes the lead in managing the household finances. This can be a practical division of labor, especially if one person is more comfortable with budgeting, paying bills, or handling investments. But when a marriage ends, financial control can quickly become a point of vulnerability, particularly for the spouse who has been kept in the dark or financially dependent.

If you are facing divorce in Florida and your spouse has historically managed the money, you may feel overwhelmed, anxious, and unsure of how to protect your financial future. But you are not powerless. With the right guidance and legal support from an experienced Boynton Beach divorce attorney, you can assert your rights, uncover the whole financial picture, and move toward stability and independence.

Recognizing the Risks of Financial Control

When one spouse controls all the finances, it often leads to an imbalance of power in the relationship. In some cases, this control is subtle, as a matter of habit or preference. In others, it can become a form of manipulation or abuse, where the financially dependent spouse is denied access to accounts, forced to ask for money, or intentionally excluded from key decisions.

This kind of financial control can create serious obstacles during divorce. You may not know how much money is in your joint accounts, what debts exist, or whether your spouse has hidden assets. You may not even have access to the login credentials for online banking or know where important financial documents are stored.

Florida law provides protections in these situations, but taking the first step requires awareness and action.

Florida’s Equitable Distribution Rule

Florida is an equitable distribution state, which means that marital property is divided fairly, not necessarily equally, when a couple divorces. Marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the account or title. This includes bank accounts, retirement funds, investments, real estate, and even businesses.

The spouse who did not control the finances is still entitled to their fair share of marital assets. However, to ensure a just division, you must first identify and value those assets. This is where experienced legal and financial professionals become critical.

Steps to Protect Yourself Financially

If you are preparing for divorce and have been financially excluded or dependent, the following steps can help you protect yourself:

1. Gather Documentation
   Start collecting as much financial documentation as you can. This includes tax returns, bank statements, mortgage documents, credit card bills, pay stubs, insurance policies, and retirement account statements. If you don’t have access to these records, your attorney can request them through the formal discovery process during the divorce. In some cases, subpoenas may be necessary to obtain records directly from financial institutions.
2. Create a Personal Budget
   You need to understand your current and future financial needs. Create a list of your monthly expenses, including housing, utilities, food, transportation, medical costs, and any expenses related to children. This budget will help your attorney advocate for temporary financial support during the divorce, such as temporary alimony or exclusive use of the marital home.
3. Open Separate Accounts
   If you have not already done so, consider opening a bank account and a credit card in your name only. This can help you begin building financial independence and establish credit, especially if most accounts during the marriage were in your spouse’s name. However, do not move or withdraw large amounts of money from joint accounts without legal advice, as this can be seen as a hostile action or even financial misconduct.
4. Consider Temporary Relief
   If your spouse is withholding money, refusing to pay bills, or threatening your financial security during the divorce process, your attorney can file for temporary relief in court. This can include temporary alimony, child support, exclusive use of the marital residence, or an order requiring your spouse to pay certain bills while the divorce is pending.
5. Investigate Hidden Assets
   In some high-conflict divorces, a controlling spouse may try to hide money in secret accounts, undervalue business assets, or transfer funds to family members. If you suspect financial dishonesty, your attorney may bring in a forensic accountant to uncover hidden assets, track spending, and provide expert analysis for the court. Florida courts do not tolerate intentional hiding or dissipation of assets and may penalize the offending spouse.
6. Evaluate Your Entitlement to Spousal Support
   If you have been financially dependent on your spouse, you may be entitled to alimony. Florida courts consider a number of factors when awarding spousal support, including the length of the marriage, the standard of living during the marriage, each party’s earning capacity, and contributions to the household, such as child-rearing or supporting your spouse’s career. Even if you have not worked outside the home in years, you may still qualify for rehabilitative or durational alimony to help you transition to self-sufficiency.

Emotional Impact and Empowerment

It’s not just the legal and financial side of a controlling marriage that takes a toll—it’s the emotional weight of feeling powerless or unprepared. Many people in this situation experience shame, fear, or self-doubt. But divorce can also be a turning point, a time to reclaim autonomy and lay the groundwork for a more secure future.

You do not need to know everything about the finances to start protecting yourself. What you need is a legal team that understands the complexities of financially imbalanced marriages and has the tools to level the playing field.

Contact Taryn G. Sinatra, P.A.

At Taryn G. Sinatra, P.A., we understand the unique challenges that arise when one spouse controls the finances. If you are facing divorce and feel overwhelmed or uncertain about your financial rights, we are here to guide you with compassion and strength. Our experienced family law team in Boynton Beach will work to uncover the full financial picture, protect your interests, and advocate for your financial independence. Contact us today to schedule a confidential consultation and begin your journey toward security and self-reliance.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

choosingtherapy.com/financial-abuse-in-marriage