How Come I Can’t Access Marital Funds?

Question of the Day:

I have been trying get a divorce now going on 2 years. I have been married 24 years now, stay at home mom looking for a job; he has had access to the money market fund which is only in his name using it to pay off his cc if full and his attorney fees while I have had no access even to pay my attorney except from funds I initially borrowed. My attorney quit due to fees I was not able to pay her since I have no access to funds. How come I have not had any access to those funds though they are considered a marital asset during this long two year period? – Deena

Answer:

Deena: You cannot access the money market because it is set up in his name and he owns it under property and contract law. Under divorce law, it is a marital asset, but that only helps you on the day of divorce. Between now and then, you will have to ask the court to order him to pay temporary support and attorney fees.