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Can you keep spending during a divorce? 

On Behalf of | Jan 12, 2025 | Divorce |

Divorce typically isn’t something that happens quickly. At a minimum, you need to wait for court dates and other deadlines. You may also have to wait for your spouse to respond to the divorce petition. In most cases, the divorce process takes between six and 12 months.

This extended timeline can raise some important financial questions. After all, you’ll still have bills to pay while going through the divorce. But can you keep spending money, which may be considered a marital asset? Since marital assets must be divided during property division, how are you allowed to use them before the marriage is officially dissolved?

Changes in spending

Normal spending is generally acceptable. Paying the mortgage, buying gas for your car and purchasing food for your children are typical expenses that are unlikely to cause complications. If you’re spending on necessities and unavoidable costs, it’s usually not an issue. To simplify matters, you and your spouse might decide to divide your bank accounts during the divorce process.

Problems arise, however, if there are significant changes in your spending patterns. This could be interpreted as the dissipation of marital assets, which is akin to trying to hide or misuse those assets. 

For example, if you suddenly make large or frivolous purchases without explanation, the court may suspect that you’re deliberately wasting marital funds to avoid sharing them with your spouse. On the other hand, if your spending remains consistent and aligns with what you were doing before the divorce, you are unlikely to face such allegations.

Your legal rights

The financial aspects of a divorce can become complex, and this is just one example of the challenges you may encounter. Be sure to take the time to understand your legal rights and the options available to you during this process.