Divorce when one spouse controls the finances creates a uniquely challenging situation, but Michigan law provides strong protections to ensure a fair outcome.
If your spouse has handled all the bank accounts, investments, bills, and financial decisions throughout your marriage, you still have full legal rights to marital assets, accurate financial disclosure, and equitable division of property. You are not stuck, and you are not without options.
Recognizing Financial Control in a Marriage
Financial control can take many forms, and not all of them are obvious. Some spouses keep all accounts in their own name, refuse to share passwords or statements, and give their partner an “allowance” instead of access to joint funds.
Others go further, hiding income, opening secret accounts, or pressuring their spouse to sign documents they don’t understand.
In some marriages, the arrangement starts innocently. One spouse is better with numbers, or one stays home while the other works, so it makes sense for one person to manage the money. Over time, though, this division of labor can leave the non-managing spouse in the dark about what the family actually owns, owes, or earns.
When divorce enters the picture, that information gap becomes a serious problem. And in more troubling situations, financial control crosses into financial abuse. This is a recognized form of domestic abuse where one partner uses money to limit the other’s independence, restrict their choices, or trap them in the relationship.
If this describes your situation, you have additional legal protections available beyond standard divorce procedures. Contact Richards Family Law to find out more.
Your Legal Rights to Marital Finances in Michigan
Michigan is an equitable distribution state, which means marital property is divided fairly between spouses during divorce. Importantly, “marital property” includes nearly everything acquired during the marriage, regardless of whose name is on the account, deed, or title.
You have a legal right to know what exists. During divorce proceedings, both spouses are required to provide full financial disclosure, including all income, assets, debts, and recent financial transactions. Hiding assets or refusing to disclose information can result in serious legal consequences, including sanctions and an unfavorable division of property.
You also have the right to financial support during the divorce process. Michigan courts can order temporary spousal support, attorney fee advances, and exclusive use of the marital home while the case is pending. This means you don’t have to wait until the final judgment to access funds for living expenses or legal representation.
Gathering Financial Information Before Filing
If you’re considering divorce and your spouse controls the finances, start documenting what you can as early as possible. Look for tax returns, bank statements, credit card bills, mortgage documents, retirement account statements, and pay stubs. Photographs of documents, screenshots of online accounts you have access to, and copies of mail are all legitimate evidence.
How Richards Family Law Levels the Playing Field
We have powerful tools to compel disclosure even when a spouse is uncooperative. Your attorney can issue interrogatories requiring written answers under oath, request production of specific documents, and depose your spouse in person. And failure to comply can result in court sanctions.
Subpoenas can also be issued directly to banks, employers, brokerage firms, and other third parties, bypassing your spouse entirely. This is often how attorneys uncover accounts a spouse has tried to conceal.
Courts take asset concealment seriously. If a spouse is caught hiding money or lying on financial disclosures, judges have wide discretion to award the wronged spouse a larger share of remaining assets, order the concealing spouse to pay attorney fees, and impose other penalties.
Getting Access to Funds During Divorce
Michigan courts can issue temporary orders early in the divorce process to address exactly this problem. These orders can require your spouse to continue paying household bills, provide temporary spousal support, advance attorney fees, and maintain insurance coverage.
In urgent situations, your attorney can request status quo orders or restraining orders that prevent your spouse from emptying accounts, transferring property, or making major financial moves while the divorce is pending.
You Have Options
Feeling financially trapped is one of the most common reasons people delay leaving an unhappy marriage, but the legal system is designed to address exactly this imbalance. Contact our team today to schedule a free consultation and take the first step toward a fair outcome and financial independence.
