What to Do When Your Spouse Drains Your Bank Account During a Divorce

 Posted on September 12, 2025 in Property Division

Lots of marriages break up over money problems. Even more marriages break up because one spouse is simply a jerk. When you combine those two issues – financial irresponsibility and a spouse who feels entitled or vengeful – people filing for divorce may suddenly find themselves with an empty bank account.

This can feel disastrous, to say the least. Younger couples, in particular, often do not have large savings or assets to fall back on. Losing access to your cash during a divorce can feel scary and deeply unfair.

If this happens to you, do not panic. Wisconsin law has safeguards in place, and with the right legal help, you can take action to protect yourself. At John T. Fields & Associates, LLC, our Madison, WI divorce lawyer is known for aggressively fighting for clients in high-conflict cases. If your spouse is playing dirty with money, we can help you fight back. 

Is It Legal for a Spouse to Drain Your Account During Divorce?

Wisconsin is a marital property state, per state statute 766.588. That means most money earned during a marriage belongs to both spouses equally, no matter who earned it. Technically, either spouse can withdraw funds from a joint account. But that does not mean draining an account during a divorce will go unchallenged.

Courts in Wisconsin do not like it when one spouse is clearly acting in bad faith to keep the other from having money. Judges can order an accounting of how money was spent and may even penalize a spouse who recklessly uses or hides assets while divorce is pending.

If you find out your spouse has emptied your account, here are some things you can and should do right away:

• Print or save online banking records showing when and how the money was withdrawn.

• Move your paycheck or deposits into a new account in your own name. This ensures you have access to money going forward.

• Tell your lawyer immediately. Your attorney can file motions in court to protect your finances.

The sooner you take these steps, the more control you can get back.

Court Orders That Can Help Keep a Spouse From Draining an Account During Divorce 

Wisconsin law allows courts to issue temporary orders early in a divorce. These orders can freeze certain accounts, prevent either spouse from selling or transferring property, and set rules for who pays bills while the divorce is pending. 

If your spouse takes all the money from your account, the court has a few options for making things right. A judge could require your spouse to return funds or credit the money against their share of the marital property. Even if you think there is a risk that your spouse could take all your money and run, it may make sense to argue for a temporary financial order. 

What Not to Do if Your Spouse Drains Your Bank Account

It can be tempting to seek revenge by draining another account, maxing out a credit card, or cutting off your spouse’s access to money. Avoid this. The court will be watching you both closely, and acting in bad faith can hurt your case as much as your spouse’s actions hurt theirs.

Instead, let your lawyer push back through the proper legal channels. Judges have the power to punish misconduct and restore balance, but you will be better off if you follow the rules yourself. 

Contact a Madison, WI Divorce Attorney Today

If your spouse has drained your bank account, acting quickly is necessary to protect your finances and your overall divorce case. Call John T. Fields & Associates, LLC today at 608-729-3590 to schedule a private consultation with our Rock County divorce lawyer. We will stand by you and fight aggressively to hold your spouse accountable.