For many spouses, especially those who have spent years managing the household or raising children, the idea of divorce can be overwhelming—not just emotionally, but financially. If you do not have a steady paycheck or control over household finances, the thought of separating from your spouse may come with a fear of being “cut off” or unable to afford basic necessities. However, Massachusetts family law provides important protections for financially dependent spouses considering divorce.
Financial Control and Withholding During Divorce
A common tactic in strained marriages is for the higher-earning spouse to control access to money or threaten to stop paying for rent, groceries, or even legal fees. This kind of financial coercion is often used to prevent the other spouse from leaving or seeking legal advice. While financial dependence can be a serious obstacle, the court does not tolerate one spouse using money as leverage during divorce.
In Massachusetts, both spouses are entitled to access marital property—including income earned during the marriage. A spouse cannot legally cut off the other’s access to shared resources without consequences. Courts recognize that financial manipulation during divorce proceedings may amount to financial abuse, and they are prepared to intervene.
Legal Protections for the Dependent Spouse
Massachusetts law provides several legal mechanisms that can help a financially dependent spouse maintain stability while going through a divorce.
Temporary Orders for Support:
Shortly after filing for divorce, the court may issue temporary orders that require one spouse to pay spousal support (alimony), child support, or even contribute to the legal fees of the other. These orders are meant to maintain the status quo and ensure that both parties have the resources to participate meaningfully in the legal process.
Access to Marital Funds:
Even if bank accounts or credit cards are only in one spouse’s name, money earned during the marriage is generally considered marital property. The dependent spouse may be entitled to a portion of that money and can petition the court to regain access if it has been withheld.
Restraining Orders for Financial Matters:
The court may issue restraining orders that freeze certain assets or prevent either spouse from transferring, hiding, or spending money without permission. This is often used to prevent one party from draining bank accounts or removing the other from insurance policies or benefits.
Addressing Common Concerns
Many dependent spouses delay divorce because they believe they cannot afford it. Here are a few of the most common concerns—and how Massachusetts law provides solutions:
- “I can’t afford a lawyer.” A Court may allow a Motion for Fee Pendente Lite if there is a higher earning spouse. Many family law attorneys also offer case evaluations to help you understand your rights.
- “I don’t have access to money.” The court can intervene to restore access or award temporary support so you can meet your basic needs.
- “How will I support myself or my children?” Temporary spousal and child support can be awarded early in the divorce process to help you pay for housing, food, and other necessities.
- “What if my spouse hides money?” Massachusetts courts require full financial disclosure. If necessary, attorneys can request subpoenas or bring in financial experts to uncover hidden assets.
Taking the First Steps
If you’re considering divorce but fear financial instability, start by collecting key documents like tax returns, pay stubs, bank statements, and mortgage information. Secure them somewhere safe. Then, speak with an experienced Massachusetts family law attorney who can explain your options and help you file for the protections you may need.
You Don’t Have to Stay Stuck
Financial dependence should not be a barrier to protecting your future. If you are in a marriage where money is being used to control or threaten you, help is available. A skilled divorce attorney can assist with obtaining support orders, preserving access to marital assets, and ensuring your rights are protected during divorce.
If you’re financially dependent on your spouse and considering divorce, contact an experienced Massachusetts family law attorney who can guide you through the legal process and fight for the support and security you need.