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Automatic restraining order on assets with divorce

I understand that there is such a thing as an automatic restraining order on assets after I file for divorce, but when does it kick in and does it prevent pretty much all spending by both of us?

Editor's Response

Under Massachusetts Supplemental Probate Rule 411, the automatic restraining order on assets will apply to you as soon as you file and will apply to your spouse as soon as he or she is served with the summons and complaint.  But, no, the order is not intended to freeze all spending but, rather, to prevent either party from hiding assets or spending more than they normally would.  For example, if you always paid the mortgage on the first of the month, you should certainly continue to do that.  Here is the key language from rule 411:

 

The following restraining order shall remain in effect during the pendency of the action, unless it is modified by agreement of the parties or by further order of the court.

(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property, real or personal, belonging to or acquired by, either party, except: (a) as required for reasonable expenses of living; (b) in the ordinary and usual course of business; (c) in the ordinary and usual course of investing; (d) for payment of reasonable attorney's fees and costs in connection with the action; (e) written agreement of both parties; or (f) by Order of the Court.

(2) Neither party shall incur any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards;

(3) Neither party shall directly or indirectly change the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court.

(4) Neither party shall directly or indirectly cause the other party or the minor child(ren) to be removed from coverage under an existing insurance policy, including medical, dental, life, automobile, and disability insurance. The parties shall maintain all insurance coverage in full force and effect.

 

I encourage you to talk to your attorney about this issue before filing.  Good luck.  For more information, visit our Massachusetts Divorce Discussion Forum.

 

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