Are all bank accounts split in a divorce? 35 Answers as of August 12, 2011

My wife and I have a main joint account, but I also have my own separate account. Will this be split in our divorce as well?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court will look at community (property acquired during the marriage) and separate property when making a fair and equitable division of assets and debts. Title alone does not matter if the property is acquired during the marriage.
Answer Applies to: Washington
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Equity is the prime concept in division of marital assets. If the monies in "your" account are non-marital, then you may have sole use of them. i.e. proceeds from a will bequeathed to YOU by a deceased relative. If they source of the funds is the sale of a marital asset, there may be a division.
Answer Applies to: Rhode Island
Replied: 8/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends, is the money in the account separate property or community property. The name on the account means very little, it is the contents that count.
Answer Applies to: Texas
Replied: 8/1/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
How the assets get divided is what will determine whether you keep your account or if it is shared in some way.
Answer Applies to: Connecticut
Replied: 8/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. Each party is entitled to one half of the marital assets regardless of whose name those assets may be in.
Answer Applies to: Minnesota
Replied: 8/1/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    All property, including bank accounts and retirement plans, held by either party separately or jointly, is presumed to be marital property and, therefore, subject to fair distribution between the parties. What is fair is what the parties agree to or what a judge decides after reviewing all the facts and circumstances related to the existence of the property. A fair settlement is one that considers the total marital estate - not each individual item or account.
    Answer Applies to: Colorado
    Replied: 7/31/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Depending on the lenht of the marriage, only the joint account could be separated in the divorce.
    Answer Applies to: Alabama
    Replied: 7/31/2011
    Durgin Law, LLC
    Durgin Law, LLC | Pearl Hsieh
    Assets and liabilities do not have to be split equally in a divorce. Creative division can often be a way to negotiate a settlement.
    Answer Applies to: Kansas
    Replied: 7/31/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    All assets acquired during the marriage are subject to equitable distribution with a number of exceptions. First, if the bank account consists solely of funds you obtained prior to the marriage or as a result of assets you owned prior to the marriage, then your separate account may not be subject to distribution. Second, if the funds were obtained as the result of a gift or will solely to you, then this account may not be subject to distribution. You should consult with an experienced matrimonial attorney to ensure that your rights are protected in your divorce.
    Answer Applies to: New York
    Replied: 7/31/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    In California, the general rule is that all property acquired during marriage is presumed to be community property, regardless of where that property sits. If you have two separate bank accounts, one held jointly and one in your separate name, they both would be considered to be community property if the deposits were acquired during marriage, unless funds can be traced to a separate property source or inheritance. This is potentially a very complicated issue and you should consult with a Family Law Attorney and/or consult with a Forensic Accountant. Good luck.
    Answer Applies to: California
    Replied: 7/30/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    it is subject to equitable division
    Answer Applies to: Connecticut
    Replied: 7/30/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Not automatically. It depends on a few factors such as the use of the accounts (did one party not use it at all, did one party only spend and never make deposits,etc), the length of the marriage, can the two parties agree on how to split the funds? I encourage you to hire an attorney to protect your rights. We offer free 30 minute confidential consultations to discuss your divorce options. You may call us today to set an appointment.
    Answer Applies to: Illinois
    Replied: 7/30/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Any monies acquired during the marriage, no matter whose account name they are in, are potentially marital assets subject to equitable distribution, which generally means 50/50.
    Answer Applies to: Florida
    Replied: 7/30/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    The court will allocate a fair share of the marital assets to both parties. Whether a specific account is divided is dependent upon whether other assets were used to represent a share of the marital assets. See a local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 7/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It could depend on the source of the funds, e.g. inheritance v. paycheck. We recommend you retain a divorce lawyer as soon as possible to discuss your rights and options. Good luck.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    As general rule in Georgia, any asset accumulated during the course of the marriage as a result of marital efforts is subject to equitable distribution, regardless of whose name the asset is listed. This includes real estate, retirement accounts, bank accounts, investment accounts, automobiles, etc. The only exception is when the asset is purchased by a spouse's separate property. There are exceptions to this rule as well, however. Even if you cannot afford to retain a lawyer, you are best served by at least having a consultation with a local divorce attorney to see how the rules apply to your particular set of circumstances.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    There are a lot of variables in getting divorced, however, the short answer is most likely, depending on the length of the marriage it would be divided 50/50. For example, if you were only married for one year and your accounts were in you name and that money was in the account before the marriage, you would most likely keep your money. However, if you were married for 15 years, then the money would most likely be divided equally. This is a very short answer to a much more complicated process. I would suggest you contact an attorney.
    Answer Applies to: Massachusetts
    Replied: 7/29/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Unless there is a written prenuptial, postnuptial or separation agreement, all the marital portions of each account will be split, regardless of whose name is on the account. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 7/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depends when the account was opened, and what funds (i.e., joint or separate) have been deposited into such account. Income during marriage and before the date of separation are community funds. Certain other funds, such as an inheritance or gift, can be separate funds. It would be best to consult with a local family law lawyer.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    What is the source of the funds going into the separate account? If it was funds acquired during the marriage, they are community property subject to equal division upon divorce.
    Answer Applies to: California
    Replied: 7/29/2011
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    All bank accounts and balances must be disclosed as part of your financial disclosure. The division of accounts is part of the negotiation process associated with the creation of a marital settlement agreement.
    Answer Applies to: Wisconsin
    Replied: 7/29/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any money acquired during the marriage as earnings is community and should be divided as such.
    Answer Applies to: California
    Replied: 7/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Usually, yes.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    All net community property is divided 50/50 in a divorce. Merely because you had your own account in your own name doesn't change its community property character. However, if you had separate property funds in an account (premarital funds or funds received as a gift or in an inheritance), to the extent that you can trace those funds to a separate source, you can get those funds reimbursed to you before the balance of the funds in the account are divided 50/50.
    Answer Applies to: California
    Replied: 7/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The court divides all assets and debts in an equitable manner. That may mean you receive all, part, or none of a particular asset.To understand more about asset division,
    Answer Applies to: Washington
    Replied: 7/29/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Not enough information; it depends on where the money came from and why. You need consultation with qualified counsel,
    Answer Applies to: Nevada
    Replied: 7/29/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    If the bank account is from funds which were earned during the marriage, the account would be deemed to contain community property funds. If this was an account that you owned prior to the marriage and no community earnings were placed in the account, you would be able to make a separate property claim to the account.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to consult with an attorney regarding the specific facts of your case, i.e., was the account yours before the marriage? Was any money put into the account acquired during the marriage? Was any of the money put into the account from a gift or inheritance to you individually? Property division and whether property is marital and subject to equitable distribution or separate property and not subject to equitable division is a very fact specific issue and your question cannot be answered from the limited information you gave in your question. Consult with an attorney about your specific situation. What I can tell you is that the account is not your separate property merely because it was in your name alone.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    If the money in your separate account was deposited during the marriage, it will probably be divided equally. To overcome that, you must show that your wife did not contribute directly or indirectly to your separate funds. That will be hard to do in most cases. You should consult with an attorney for more information.
    Answer Applies to: Oregon
    Replied: 7/29/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, some background on property division in a divorce. If the two of you can agree on how to divide the property, then, the two of you can divide it just about any way you want. However, if the two of you are unable to agree, then, it will be up to the court to divide the property and debts. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, her separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, as to your specific case: Whether the accounts will be split will depend on what other property and debts are in the mix and how much is in each account.
    Answer Applies to: Washington
    Replied: 7/29/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, what matters most is whether the the funds in the accounts were acquired during the marriage (not by gift or inheritance). If so, they will normally be treated as community funds to be divided. If the funds are from before the marriage, or are gifts or inheritances, then they will likely be awarded to the party who acquired them.
    Answer Applies to: Washington
    Replied: 7/29/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    There is a legal presumption of equal division of marital assets and debts. Separate funds are not subject to equitable distribution.
    Answer Applies to: North Carolina
    Replied: 7/29/2011
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