Financial matters in a divorce can get incredibly complex. Between joint bank accounts, shared assets, and various other entangled financial responsibilities, knowing what’s permissible and what isn’t can be confusing. Jessica Anderson, a local family lawyer in Reno, NV, recently discussed the subject of financial restraining orders in divorce on the Alice 96.5 Morning Show’s recurring segment, “Love Court.”
What is a Financial Restraining Order?
In Nevada, when a spouse files a complaint for divorce, a financial restraining order can be granted automatically. This is a legal directive that prevents both parties from doing anything “unusual” with their money. You can’t liquidate your assets, hide money, or do anything that might give you an unfair financial advantage during the divorce process.
The Issue: Can You Use Joint Funds for Medical Procedures?
On the recent episode of “Love Court,” Jessica addressed a listener’s concern about using joint savings for a medical procedure not covered by insurance. According to the listener, her husband insisted she could not use their joint funds due to a financial restraining order in place and suggested she should use her own account with her inheritance money for the medical procedure.
Jessica’s Expert Take
While not being medical experts ourselves, Jessica Anderson clarified that the restraining order doesn’t typically prevent you from utilizing funds for “normal necessary expenses,” which could include medically necessary procedures. The question here is: what counts as ‘necessary’? If the procedure is deemed medically necessary — like cataract surgery or gallbladder removal — you would likely be permitted to use joint funds. On the flip side, elective procedures such as cosmetic surgeries could not only violate the restraining order but could also trigger a community waste claim, which could further complicate the division of assets during divorce.
Read the Order Carefully
Financial restraining orders will usually specify what you can and can’t do with your money. As Jessica mentioned, “read the order carefully” to avoid being in violation and possibly facing legal repercussions.
Takeaway for Our Readers
If you’re going through a divorce and have questions about financial restraining orders or other related matters, it’s crucial to consult a family lawyer in Reno who can provide professional advice tailored to your situation.