Legally reviewed by Sophia Caprio - Caprio Law

Updated on: August 2, 2026

For many people, one of the first concerns they have after deciding to get divorced is what will happen to the money they have accumulated throughout their marriage, and this is especially true when spouses have one or more joint bank accounts, as these accounts are often used to pay household bills, deposit paychecks, save for future expenses, and generally manage the family’s finances. Naturally, if you are preparing for a divorce, you may be wondering whether the money in those joint bank accounts will automatically be divided equally or whether one spouse can simply withdraw all of it before the divorce is finalized. Continue reading and reach out to a seasoned Massachusetts divorce lawyer from Caprio Law to learn more. Here are some of the questions you may have:

Who Gets the Money in a Joint Bank Account?

Simply put, there isn’t a hard-and-fast rule that states that each spouse will receive half of the money simply because both names appear on the account. While a joint bank account is certainly an important marital asset to address in many divorces, the account itself is only one piece of the overall financial picture that the court will consider when dividing marital property.

Massachusetts follows an equitable division approach, which means marital property is divided in a manner the court determines is fair under the circumstances. “Equitable” does not always mean equal, and the way an account is titled does not necessarily control how the funds will ultimately be treated in a divorce.

Generally speaking, the court will take a look at different factors when determining how financial assets should be divided, including the following:

  • The length of the marriage.
  • Each spouse’s income and earning capacity.
  • The contributions each spouse made during the marriage.
  • The needs and financial circumstances of each party.
  • The value of the couple’s other marital assets and debts.
  • The conduct of the parties during the marriage.
  • Each spouse’s opportunity to acquire future assets and income.
  • Any additional factors the court believes are relevant under the circumstances.

Importantly, Massachusetts courts recognize that financial contributions are not the only contributions made during a marriage, and non-economic contributions may also be considered when marital property is divided, such as taking care of the home, raising children, and more.

Can My Spouse Empty Our Joint Bank Account Before the Divorce Is Final?

While it is certainly possible for one spouse to withdraw money from a joint account because both parties generally have access to it, doing so does not necessarily mean that spouse will ultimately be allowed to keep those funds.

Once a divorce is filed in Massachusetts, an automatic restraining order applies to the parties. This order is designed to help preserve the marital estate while the divorce is pending and generally prevents either spouse from selling, transferring, concealing, removing, or otherwise disposing of property except in certain permitted circumstances, such as ordinary living expenses, ordinary business or investment activity, reasonable attorney’s fees and costs, written agreement of the parties, or court order.

In other words, a spouse should not assume that they can empty a joint account simply because their name is on it. A large or unexplained withdrawal may need to be accounted for later and could affect how the court addresses the overall division of assets.

If you are concerned that your spouse may attempt to remove money from a joint account, there are several important steps you may wish to discuss with your attorney, including:

  • Gathering copies of recent bank statements.
  • Documenting the balances in all joint accounts.
  • Keeping records of any unusual withdrawals or transfers.
  • Monitoring financial activity throughout the divorce process.
  • Discussing whether temporary court orders may be appropriate to protect marital assets.
  • Avoiding retaliatory withdrawals or transfers without first seeking legal advice.

What Should I Do if I Am Worried About Our Joint Accounts?

If you believe your spouse is mishandling marital funds, it is generally best to remain calm and begin gathering information. Some of the most important steps you should take are as follows:

  • Collecting copies of bank statements and other financial records.
  • Making a list of all checking, savings, and investment accounts.
  • Keeping track of unusual transactions or transfers.
  • Avoiding unnecessary withdrawals without first obtaining legal advice.
  • Speaking with an experienced Massachusetts divorce attorney.

You should also be careful about making unilateral changes to joint accounts, even if you are worried about protecting yourself. What may feel like a protective step in the moment can sometimes create additional issues if it appears unreasonable, unnecessary, or inconsistent with court rules. An attorney can help you determine what steps are appropriate based on your specific circumstances.

The bottom line is that joint bank accounts are frequently one of the most important financial issues in a divorce, and if you’re looking to protect your hard-earned assets, having an experienced legal team in your corner can make a world of difference. If you have additional questions or would like to speak with a competent attorney about your case, please don’t hesitate to contact Caprio Law today.