If my soon-to-be ex-wife’s direct deposit is being deposited in my account tomorrow, legally do I have to transfer that money to her account?

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If my soon-to-be ex-wife’s direct deposit is being deposited in my account tomorrow, legally do I have to transfer that money to her account?

My wife and i have filed for a divorce; we’re awaiting it to be finalized. I just found out that she has a new guy already. She’s been removed from my personal account 2 weeks ago.

Asked on March 20, 2019 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you do: because this is no longer a joint account from which she can draw, you will be depriving her of access to her own money--money you know is hers, not yours. Doing that deliberately or intentional is potentially a criminal act. Further, she is absolutely entitled to her money, so once she figures out what is happening, she can recover it from you, so trying to hold onto it accomplishes nothing.


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