What If My Spouse Closed Our Bank Account During Our Divorce?

February 23rd, 2026 by Tiffany Hughes

Divorce can be a challenging and emotionally taxing experience. One of the most pressing concerns couples face during a divorce in Illinois is what happens to shared finances—especially when it involves a joint bank account. A common issue arises when one spouse unilaterally closes, drains, or transfers funds from a joint account without the other spouse’s knowledge or consent.

If your spouse closed your bank account during divorce proceedings, it is important to understand that Illinois law provides legal tools to address these situations and help ensure the division of marital assets remains fair and equitable.

Understanding Joint Bank Accounts in an Illinois Divorce

A joint bank account is typically owned by both spouses, meaning either party may have the legal ability to deposit or withdraw funds at any time. During the marriage, this often does not create conflict. However, once a divorce begins, the financial dynamics change significantly.

In most Illinois divorce cases, funds in a joint account are considered marital property and are subject to equitable distribution, meaning the court divides marital assets in a way that is fair, but not necessarily equal.

Illinois does not have a law that automatically freezes bank accounts when a divorce is filed. Even so, spouses are expected to act in good faith and avoid taking actions that unfairly harm the other party financially.

How Can I Stop My Spouse from Draining Our Bank Accounts During Divorce?

Technically, Illinois law does not automatically prohibit a spouse from withdrawing funds from a joint account. Illinois previously had automatic restrictions that froze assets during divorce, but those restrictions were found to violate due process and were repealed.

However, just because a spouse can access funds does not mean there are no consequences. Illinois courts have multiple ways of ensuring the final division of assets is fair.

If you believe your spouse may drain or close marital accounts, there are two primary legal strategies that may apply:

1. Temporary Injunctions

In Illinois, if one spouse threatens to remove unreasonable amounts of money from marital accounts, the other spouse can petition the court for temporary relief, including a temporary injunction.

A temporary injunction may restrict a spouse from:

• transferring marital funds
• hiding assets
• draining bank accounts
• depleting marital property without consent or court approval

If the court grants an injunction and your spouse violates it, the consequences can include:

• monetary sanctions
• repayment orders
• contempt of court

Temporary injunctions can be an important safeguard while the divorce case is pending.

2. Claims for Dissipation of Marital Assets

Closing or draining a joint bank account during divorce may also qualify as dissipation of marital assets under Illinois law.

In general, dissipation occurs when one spouse uses marital property:

• for their own benefit,
• for a purpose unrelated to the marriage,
• at a time when the marriage is undergoing an irretrievable breakdown

If the court finds dissipation occurred, the spouse who drained the account may be required to reimburse the other spouse or have their share of marital property reduced accordingly.

What Are the Legal Consequences of Closing or Draining a Joint Bank Account?

If a spouse violates a temporary injunction or is found to have dissipated marital assets, the court may issue orders requiring repayment or financial adjustments during the property division process.

In some cases, the court may also hold the spouse in contempt. Depending on the severity of the conduct, consequences may include:

• repayment of funds
• attorney’s fees
• sanctions
• fines
• jail time in extreme situations

Illinois courts take the division of marital assets seriously, and unilateral actions that financially harm the other spouse can strongly impact the outcome of the divorce.

What Can You Do If Your Spouse Has Already Closed the Bank Account?

If your spouse has already closed or drained a marital bank account, it is important to act quickly. Here are steps you can take to protect yourself:

1. Document Everything

Keep copies of:

• bank statements
• transaction histories
• screenshots of balances
• communications with your spouse
• any evidence showing missing funds or transfers

Documentation is critical in proving what happened and identifying where the money went.

2. Consult an Illinois Divorce Attorney

An experienced Illinois divorce attorney can advise you on the best strategy, including whether to pursue:

• emergency temporary relief
• a temporary injunction
• dissipation claims
• financial restraining orders
• subpoenas for bank records

Time matters in these cases, especially if funds are being moved quickly.

3. File a Motion With the Court

Your attorney can file the appropriate motion asking the court to:

• address the closed account
• require financial disclosure
• order repayment or reimbursement
• prevent further transfers
• preserve remaining marital assets

4. Request a Deposition

In many cases, you may be able to depose your spouse, meaning they must answer questions under oath about:

• where the money went
• how the funds were used
• whether accounts exist elsewhere
• whether the money was transferred to another person

Depositions can be extremely useful in uncovering hidden accounts or financial misconduct.

Conclusion: Protecting Your Financial Rights in an Illinois Divorce

Discovering that your spouse closed or drained a joint bank account during divorce can feel overwhelming—especially while navigating the emotional and legal stress of divorce. However, Illinois law provides multiple protections to ensure marital assets are handled fairly.

Whether through temporary injunctions, dissipation claims, court-ordered financial disclosures, or depositions, Illinois courts have tools to hold spouses accountable and ensure an equitable outcome.

If your spouse closed a joint bank account without your consent, it is essential to understand your rights and take prompt legal action. By documenting everything and working with an experienced Illinois divorce attorney, you can pursue a fair resolution and protect your financial future.

Need More Information or Representation?

If you are filing for a divorce or your spouse has threatened to close or drain your joint bank account, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in representing anyone who is filing for a divorce in Illinois, who is trying to protect their rights and assets in a joint bank account, who is seeking advice on how to prevent the dissipation of marital assets, who is asking how can I stop my spouse from draining our bank accounts, who is pursuing a fair and equitable division of marital assets, who is requesting temporary injunctions to stop improper financial activity during divorce, who is filing claims for dissipation of assets due to their spouse’s misuse of marital funds, who wants to understand what are the legal implications of closing or draining a marital bank account, who is asking what can you do if your spouse has already closed the bank account, who is preparing or reviewing financial affidavits to ensure full financial disclosure, or who is using or responding to a deposition to gather evidence and testimony regarding the location and use of marital funds.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.