QUESTION

During a divorce, if you get temporary support from your STBX, are your bank accounts then frozen?

Asked on Oct 06th, 2021 on Divorce - New Jersey
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During a divorce, if you get temporary support from your STBX, are your bank accounts then frozen? In mediation, STBX says he will give me temporary support but wants to then freeze the joint bank accounts which I have been living on? Is this typical? If I have an extraordinary expense (such as a root canal for example), what happens then?
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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The best way to handle an interim support setting is to agree IN WRITING exactly what amount your "soon to be ex" will be paying you or on your behalf, each month and under what circumstance, if any, you have the right to invade assets subject to division in your divorce. In that writing, it should identify all of the assets subject to division, their account numbers, account balances so that you and he know exactly how much money is available for division in the divorce and if the account is less later on, then either you and he agreed to invade an account for the payment of a specific expense ( ie a root canal at a cost of xx) or the invasion gets charged against you or against him in the division. The agreement should also spell out exactly what he will be paying for on your behalf. As an example, if he is  paying the mortgage of XX, the homes utility services of approximately xx per month, the auto insurance of xx per month, giving you xx per month with payment of the 1st of xx and payment of xx on the 15th of the month.... spell it out so that there is no misunderstandings later as to how much was to be paid, etc. 
Answered on Oct 07th, 2021 at 6:55 AM

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