Can my spouse close our joint account and take me off the car/health insurance if I leave after 24 long years of marriage?
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Can my spouse close our joint account and take me off the car/health insurance if I leave after 24 long years of marriage?
I have been a stay at home mom for over 20 and now threaten to have that taken away from me. Can’t afford a lawyer right now, so I just need some advice on what my legal rights are.
Asked on January 14, 2016 under Family Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your spouse should not be able to close the account without your consent, since it's a joint account. If the bank errs and let's him do that, you could, in the context of a divorce proceeding, get a court order requiring him to restore you share of the funds to you.
He can take you off the insurance unless there is a court order to the contrary, which order would, again, be obtained in the context of a divorce proceeding.
If you are leaving, you will want to file for divorce; only that way can you get an order obligating him to support you (e.g. pay alimony) and also giving you your share of the joint or marital assets.
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