Last Updated: April 28, 2026
Quick Answer
Can I stop my spouse from spending money during the divorce?
Yes. In North Carolina, you can ask the court for a Preliminary Injunction that immediately restricts your spouse from selling, transferring, or wasting marital assets while the divorce is pending. These orders can freeze bank accounts, block large purchases, and prevent property transfers — and they can take effect quickly when financial harm is imminent.
If your spouse is draining bank accounts, making large purchases, or moving money before the divorce is final, North Carolina law gives you concrete tools to stop it. You can ask the court for a Temporary Restraining Order, a Preliminary Injunction, or an Interim Distribution of property, each of which can be put in place before the final divorce judgment.
Under North Carolina law, both spouses have a legal duty to preserve marital assets during divorce. When one spouse violates that duty, the court takes it seriously.
At Ellis Family Law, PLLC, we regularly help clients across North Carolina take swift legal action when they believe their spouse is dissipating or wasting marital property. If you’re facing this situation, here’s what you need to know—and how we can help.
What is Dissipation of Marital Assets?
The legal term for reckless or selfish spending during separation or divorce is “dissipation of marital assets.” This refers to the improper use or waste of marital funds by one spouse, usually after the breakdown of the marriage and before the court has distributed property.
Common examples include:
- Gambling losses
- Vacations or luxury purchases
- Spending on extramarital affairs
- Moving money into secret accounts
- Giving away assets to family or friends
- Selling property for less than it’s worth
To qualify as dissipation under North Carolina General Statutes § 50-20(c)(11a), the behavior must be intentional and occur after the date of separation but before distribution of assets.
Can I Stop My Spouse From Spending Money During Divorce?
Yes. North Carolina law offers several protections to help prevent asset depletion during a divorce. You may be able to:
1. Request an Injunction or Temporary Restraining Order (TRO)
If you’re concerned that your spouse is moving, selling, or spending marital assets, your attorney can file a motion requesting an injunction or TRO. This is a court order that can:
- Freeze bank accounts or credit cards
- Prevent the sale or transfer of marital property
- Block withdrawals from retirement or investment accounts
- Stop large purchases that could reduce the marital estate
These orders are designed to preserve the status quo until the court can make a final decision on property division.
2. Request an unequal division of marital assets
If your spouse has already spent significant marital funds, you can request an unequal division of the marital estate from the court. You’ll need to prove:
- The spending occurred after the marriage began to break down
- The money was spent only for their benefit, not for the family
- The behavior was intentional or wasteful
If the court agrees, it may order your spouse to reimburse you or may award you a larger portion of the remaining marital property to offset the loss.
3. Request Interim Distribution of Property
Under N.C. Gen. Stat. § 50-20(i1), you can ask the court to distribute certain marital or divisible property before the final divorce judgment. This can provide temporary relief while ensuring assets are preserved and used fairly during separation.
Warning Signs That Your Spouse Is Spending Money Recklessly
In many cases, spouses hide spending or try to downplay its impact. If you’re concerned, watch for these red flags:
- Sudden withdrawals or transfers from joint accounts
- Unexplained credit card charges
- Missing property or assets
- Overpayment of taxes or debts (to get a refund later)
- Expensive gifts to third parties
- A new, lavish lifestyle that doesn’t match prior patterns
If any of these signs appear, consult with an experienced North Carolina family law attorney immediately.
What’s the Penalty for Hiding or Wasting Assets in a North Carolina Divorce?
If your spouse intentionally hides money or dissipates assets, the court can impose significant penalties, including awarding you a larger share of remaining marital property
Can I Freeze a Joint Bank Account?
If you believe your spouse may try to empty your joint account, your attorney can request that the court freeze the account or restrict access to prevent further withdrawals. In some cases, banks will allow both spouses to freeze a joint account with mutual consent.
However, don’t try to unilaterally move or hide all of the money yourself—doing so could backfire in court. Always speak with your attorney first.
Can I Remove Property or Withdraw Funds for My Own Use?
Yes, but only taking half is advisable.
North Carolina allows for interim distributions of marital property under certain circumstances. If you need funds to cover living expenses or legal fees, the court may permit withdrawals—but with limits.
If you remove property or empty accounts without court approval, your spouse may accuse you of dissipation or bad faith. The best approach is to work through your attorney and ask for guidance.
What If the Spending Happened Before We Officially Separated?
The timing of spending matters.
Spending that occurred before the official date of separation is generally harder to challenge unless it was:
- Clearly outside the norm
- Done in anticipation of divorce
- Part of a pattern of financial abuse
That said, if the behavior was extreme or intentionally deceptive, you may still have a valid dissipation claim.
How to Address Dissipation of Assets in North Carolina
If you suspect your spouse has dissipated marital assets, here’s how the process generally works:
- Notify your attorney about the suspicious activity
- Gather evidence (bank statements, receipts, transaction history)
- File a request to freeze the assets or for an unequal distribution
- The court may schedule a temporary hearing or address it in the equitable distribution trial
- If successful, the judge may account for the dissipated funds during property division
Working with an experienced divorce lawyer is crucial—they can help build a strong case and protect your financial future.
Don’t Let Financial Misconduct Go Unchecked
You don’t have to stand by while your spouse spends away your future. North Carolina courts take financial misconduct seriously—especially when it impacts your right to a fair share of the marital estate.
At Ellis Family Law, PLLC, we help clients take swift, strategic action when financial abuse or dissipation is suspected. Whether you need to file for an emergency order, trace missing funds, or request an unequal division of assets, we’re ready to fight for your best outcome.
Contact Ellis Family Law, PLLC for Help
If you believe your spouse is recklessly spending money or hiding assets during your divorce, don’t wait. Every dollar lost before the court gets involved can affect your final property settlement.
Contact Ellis Family Law, PLLC today to schedule a confidential consultation. We’ll help you:
- Understand your legal options
- Protect your assets through court orders or negotiation
- File a dissipation claim if appropriate
- Ensure your financial future is not undermined by your spouse’s misconduct
You’ve worked hard for what you have. We’ll help you protect it.
