Is It a Crime if My Spouse Opened a Joint Bank Account Without My Consent?

If your marriage is in trouble and depending on the circumstances, the joint account may be an example of what lawyers call "dissipation of assets." Dissipation happens when a marriage is failing and one spouse spends marital assets on things that don't relate to or benefit the marriage. That doesn't necessarily make it a crime for your spouse to open any new accounts. However, if he opened a joint account with a close friend who then withdrew everything, you might suspect dissipation and tell your attorney.

A joint bank account isn't proof of dissipation if your marriage is doing fine, or if your spouse has been using such an account for years without your permission. It's only after you have problems that it becomes an issue. Even if nobody's filed for divorce, moving money out of your reach in anticipation of a break-up is not a practice that courts look on favorably -- and once one of you files divorce papers, judges take a particularly dim view of either of you trying to hide or spend assets.

If you want to shut down the joint bank account or reverse the money transfer, your lawyer must show a judge that your spouse is doing something wrong. For example, if your spouse has moved in with his girlfriend, cleaned out your bank account and deposited it in a new joint account, you'd have a good case. Your spouse then has to explain how he spent the money and why it was a legitimate use of marital assets.

Even though it's usually legal for your spouse to open a joint account, that doesn't make it a good idea. If, for example, he opens an account with your son to help him out financially, there's nothing to stop your son from sucking the account dry. If your son gets hit with a judgment for unpaid debt, his creditors can empty the account. Talk to your spouse about the downside of opening a joint account if you think there's a risk of losing the money.