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Why separating your accounts is so important before a divorce

On Behalf of | Sep 6, 2024 | Family Law |

Before a divorce in North Carolina, it is worth taking the time to separate your financial accounts from those of your spouse. This can help you protect your assets and ensure a fair division of property. 

Understanding the significance of this step can help you navigate the divorce process more smoothly and prevent potential complications.

The benefits of keeping assets separate

North Carolina follows the equitable distribution method for dividing marital property during a divorce. Marital property includes assets and income acquired during the marriage, while separate property includes anything owned before the marriage.

However, if marital and separate assets become commingled, determining what belongs to whom can become challenging. For example, depositing a large inheritance into a joint bank account may cause it to become marital property. By separating accounts early, you can avoid this kind of confusion.

Advocating for financial independence

During a divorce, both parties might scrutinize each other’s spending. Having separate accounts allows you to manage your finances without unnecessary interference. It also reduces the risk of one spouse depleting joint accounts out of spite or fear. Financial independence ensures that you have access to the resources you need while the divorce is pending.

Ensuring transparency in a divorce

Separation of accounts also helps establish a clear financial picture. North Carolina courts require full disclosure of both parties’ assets and debts. Keeping separate accounts simplifies this process by making it easier to track individual transactions. This transparency can lead to a more straightforward division of property, reducing the likelihood of disputes.

Mitigating financial complications

Finally, separating accounts can help prevent the complications that arise from shared liabilities. Joint accounts often mean joint debt, and one spouse’s spending can affect both parties’ credit scores. By dividing accounts early, each party can take responsibility for their own financial obligations, reducing the risk of future financial problems.

Untangling assets is a natural part of the divorce process. However, you and your spouse can take it upon yourselves to separate accounts before filing for divorce. This can save a great deal of time in the long run while also helping you maintain greater control over asset division.