My spouse liquidated our account during our divorce, can he do that?

Experienced California divorce attorneys will educate you about automatic temporary restraining orders or ATROs. In California, on commencement of every divorce action, certain automatic temporary restraining orders are entered. These orders prevent spouses from the following:

Removing any minor child of the parties from California or applying for a new or replacement passport for such a minor child without the other party’s prior written consent or a court order. Fam C §2040(a)(1).

Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties or their minor children. Fam C §2040(a)(3). 

Transferring, encumbering, hypothecating, concealing, disposing of, or changing the beneficiaries of any real or personal property (whether community, quasi-community, or separate) without a court order or the other party’s written consent, except in the usual course of business or for the necessities of life. Fam C §2040(a)(3).  

Creating or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the other party’s written consent or a court order. Fam C §2040(a)(4). 

During the pendency of the divorce, meaning once you have filed but before the divorce judgment is entered, a spouse must abide by these rules or be subject to consequences. In answer to question posed as to whether a spouse can liquidate accounts, the answer is probably not. 

You can contact me at Amanda@gordonfamilylaw.com for more information.