Q: Ex has been secretly drafting money (13,000) from our joint account into his own private account he opened up a month before he left both the family out of no where, and spent half on paying off his $6000 CC debt he racked up within a month. I believe he was cheating and abusing alcohol and spending his money like crazy on those activities.
A: David’s Answer: “Money” is not necessarily an asset subject to equitable distribution. If the money was spent already, then your only claim would be that your Husband “wasted” the bank account asset. More info would be needed as to whether paying off a credit card would actually constitute waste, as presumptively all debt is divisible in a divorce case along with assets. Call a NYC Divorce attorney to schedule a consult for a full assessment. — David Bliven, Bronx Divorce attorney (www.blivenlaw.net)