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Can Funds Be Legally Withdrawn From A Joint Account After Divorce?

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Question: Can funds be legally withdrawn from a joint account after divorce?

Answer:

The most important part of this inquiry is what your Final Judgment or Marital Settlement Agreement says about this account in particular. It would be best to review those two documents to figure out exactly what should have happened with this account and who it was distributed to, once you have that answer whether or not these funds can be removed will depend on who got the account in the divorce. Because this should have been dealt with in the divorce, and is a part of equitable distribution. Generally, equitable distribution can’t be modified.

Attorney Erin E. Morse

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