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Q: I am considering a divorce and my husband said he will contest to half of everything i have. He never made any contributions to any of my accounts and all my accounts are not joint or comingled at any point. Would he be able to get his hands on my personal checkings, investments and savings accounts if i were to file for divorce?
We had a joint account at one point and he emptied out that account and closed the joint account without me knowing. Since then i have kept all my hard earned money in my individual personal accounts.
Now im worried that if i filed for divorce and he contest it, he would get half of my money that he never contributed to.
A: David’s Answer: Generally all marital assets are divisible including bank accounts – and this is irrespective of whose name the asset (or account) is in. That said, if some of the funds were deposited after you physically separated, you can make an equity argument that he should only be entitled to half of the assets which accrued while you were still together. Schedule a consult with a Westchester Divorce attorney for a full assessment.