What Happens to a Joint Bank Account During Divorce?

 Posted on June 08, 2026 in Divorce

When you file for divorce, joint bank accounts do not automatically get split in half or frozen. What happens to them depends on when the account was opened, how the money was earned, and what you and your spouse agree to, or what a court orders if you cannot agree. In Illinois, the law has specific rules about how shared money is handled, and knowing those rules early can help protect you. If you are going through a divorce in 2026 and have questions about property division, the Kane County divorce lawyers at SpyratosDavis LLC can help you figure out where you stand.

Are Joint Bank Accounts Considered Marital Property in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, property acquired during the marriage is generally marital property. That typically includes money in a joint bank account. If the funds were earned during the marriage, they are often considered marital property regardless of whose name is on the account.

There are exceptions. If one spouse brought money into the marriage and kept it in a separate account that was never mixed with marital funds, that money may not be considered marital property. But once separate money gets deposited into a joint account alongside marital funds, it can be very hard to trace and may lose that protection.

Can One Spouse Empty a Joint Account Before the Divorce Is Final?

Because both spouses have legal access to the account, one could technically empty it. But doing this during a divorce can backfire badly. Illinois courts do not look kindly on spouses who drain shared accounts to get an advantage or hide money.

Once a divorce is filed, the court may enter temporary orders restricting how marital assets can be used while the case is pending. Under 750 ILCS 5/501, either spouse can ask the court for temporary orders to protect marital property while the case is underway. If one spouse empties an account in violation of a court order, the court may consider that conduct when dividing marital property.

If you are worried your spouse might drain a shared account, tell your attorney right away. Some steps can be taken quickly to protect those funds.

How Are Joint Accounts Divided in an Illinois Divorce?

Illinois is an equitable distribution state. That means marital property is divided fairly, not necessarily 50/50. A judge looks at things like how long the marriage lasted, each spouse's financial situation, each person's contributions to the marriage, and any agreements the couple made.

Many couples choose to divide joint accounts as part of a broader settlement rather than leaving it up to a judge. This might mean splitting the balance, using the money to pay off shared debt, or one spouse keeping the account while the other gets assets of equal value.

What Happens to an Account that Has Both Marital and Non-Marital Funds?

When non-marital money, like an inheritance or savings from before the marriage, gets mixed into a joint account with marital funds, it becomes very hard to separate. This is called commingling, and it can be messy. If marital and non-marital funds are mixed, the spouse claiming a non-marital interest may need to trace those funds to preserve that claim. Keeping good records from the start can help with this.

Should You Close or Separate Joint Accounts Before Filing for Divorce in IL?

Closing a joint account or moving all the money out right before filing can look like you are trying to hide assets or get an unfair advantage, even if that was not your plan. A safer approach is to open your own individual account so you have access to money for daily expenses and legal costs. Depending on the circumstances, it may be appropriate to set aside funds for immediate living expenses and legal costs, but large withdrawals can create problems in court.

Your attorney can tell you what steps make sense for your specific situation before you touch any shared accounts.

What Happens to Direct Deposits and Automatic Payments During Divorce?

Everyday financial details like direct deposits and automatic bill payments tied to a joint account can get complicated fast during a divorce. If your paycheck goes into a joint account, you may want to discuss with your attorney whether redirecting future paychecks to an individual account makes sense in your situation. Keeping track of automatic payments coming out of a joint account is also important, so nothing gets missed or becomes a point of dispute later.

Contact Our Lisle, IL Divorce Attorneys Today

Divorce is hard enough without having to worry about whether your money is being protected at the same time. Knowing what is happening with your joint accounts and taking the right steps early can make a real difference in how your case turns out. If you have questions about shared bank accounts or anything else related to your divorce, contact the Kane County divorce lawyers at SpyratosDavis LLC by calling 630-810-8881 to discuss your case.