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Can he take my money

(16 Posts)
Harmonyhw Mon 10-Dec-18 22:38:06

My husband and I have decided to seperate although not decided to divorce yet. We have money saved in an ISA and he has asked for his half of the money.

If I give it to him and he blows it all can the court take half of whats left (my half) in a divorce settlement. What about if I save any more money in the meantime, would he be entitled to that since we are still married?

All the rest of our finances are completely separate and have been for a while. we both put a sum of money into an account to pay bills, food, kids etc.

OP’s posts: |
dementedpixie Mon 10-Dec-18 22:58:23

Is the ISA in your name as you don't get joint ISA accounts

NotBeingRobbed Mon 10-Dec-18 23:00:03

No money is individual or separate in a marriage - as I am discovering. So he could even take the lot and spend it and as long as you are married you can’t do a thing.

PurpleWithRed Mon 10-Dec-18 23:01:42

Record all assets (isa, equity etc) as at the date of separation. Use that information as the basis for divorce. If he takes half get him to sign something to say this money is to be included in calculations for the divorce settlement.

Harmonyhw Mon 10-Dec-18 23:15:45

yes but its just a holding account for money that we had left over when we sold our house

OP’s posts: |
Harmonyhw Mon 10-Dec-18 23:17:31

yes but what I am wondering is if he takes his half can the court force me to give him half of the rest even though he already had his half

OP’s posts: |
LuluJakey1 Mon 10-Dec-18 23:20:21

You need legal advice about a legal separation not just separating.

ChristmasFlary Mon 10-Dec-18 23:23:07

Yes they can

My ex blew £40,000 in the 2 months of him leaving to us filling out the financial forms.

All worked out in the end, but it was definitely a tricky time

AmyDowdensLeftLeftShoe Mon 10-Dec-18 23:25:20

If the ISA is in your name refuse to give him the money until you have started divorce proceedings and agreed a consent order.

And the answer to your question is simply it depends. Courts award assets based on the needs of each individual party and the length of the marriage, so I know divorced women who brought more assets onto their marriages but had to give their now ex-husbands half of everything as they were married over 10 years.

NotBeingRobbed Mon 10-Dec-18 23:28:42

Marriage is a trap. You’ve been caught in it.

MissedTheBoatAgain Tue 11-Dec-18 07:09:55

I am not a family solicitor, but seem to remember one of the Legal people on MN saying that reckless spending would be taken into account when assets are split.

NotBeingRobbed Tue 11-Dec-18 08:03:49

@MissedTheBoatAgain - oh come on!! Surely you of all people must realised nobody has their own money in a marriage. OP, I feel for you, but I’ve had to put up with months of being told my money is not my own. It’s basically an utterly sh*t arrangement.

madcatladyforever Tue 11-Dec-18 08:05:33

Don't give him anything until there is a settlement agreed. Don't let him bully you or you will be the worse off.

NotBeingRobbed Tue 11-Dec-18 08:08:02

You know what? Women don’t have their own money. There is no separate property for married people. Personally I’d call it an affront to human rights.

Truckingonandon Tue 11-Dec-18 08:08:32

Marriage is indeed a trap! I would do whatever it takes to protect myself financially in your circumstances, even if that meant putting cash in a safe or storage somewhere.

Emptyspace Tue 11-Dec-18 08:11:00

Get legal advice before doing anything. I would also say divorce quickly if you are sure it’s the end. My ex was entitled to part of my savings and pension during our separation period of several years even though he didn’t work and I paid the mortgage/bills/children’s expenses, everything.

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