Can You Take Your soon-to-be- ex Spouse’s Name Off Our Joint Checking Account?

The answer to this can be tricky, and require a fact intensive inquiry. A party may remove their soon-to-be-ex spouse’s name off a joint checking account so long as the Court has not entered a Standing Pendente Lite Order. For example, in Madison County the Court will enter an Order upon the filing of a complaint requiring that both parties preserve all assets in their present form. Thus, any changes to a bank account, car payment, or insurance policy could result in one party being found to be in contempt. It is always best to seek the advice of an attorney before attempting to change, in any way, assets held by the parties.