Ending a marriage is difficult under any circumstances, but it becomes even more daunting for those who rely on their spouse for financial support. Many people—especially stay-at-home parents—dedicate years to managing the household and raising children, often sacrificing career advancement or income. When divorce becomes inevitable, the fear of losing financial security can be paralyzing. Fortunately, Massachusetts law offers protections for spouses in this situation.

When a Spouse Controls the Finances

It’s not uncommon for one spouse to control all the household finances while the other lacks access to income or bank accounts. In some cases, the higher-earning spouse may attempt to intimidate or pressure the other by threatening to cut off funds, stop paying bills, or refuse to pay for housing or groceries. This is often a form of financial intimidation, and it can be used to delay or discourage the dependent spouse from filing for divorce.

However, Massachusetts courts are well aware of this tactic. Judges are prepared to step in to ensure that one spouse does not unfairly use money as leverage during the divorce process.

Understanding Your Rights Under Massachusetts Law

Massachusetts treats most assets and income acquired during the marriage as marital property, regardless of whose name is on the paycheck or account. This means both spouses have a claim to the financial resources accumulated during the marriage.

Here are key legal protections available to financially dependent spouses:

Temporary Support Orders:
After filing for divorce, a dependent spouse can ask the court for temporary spousal support (alimony) or temporary child support to help cover living expenses. These court orders can also include financial assistance for legal fees, allowing the dependent spouse to hire an attorney and participate fully in the case.

Preserving Access to Shared Assets:
If one spouse attempts to empty joint bank accounts or cut off access to funds, the court may issue orders to protect those assets and maintain financial stability. The dependent spouse can also request a restraining order that prevents the other party from making large withdrawals, transferring property, or canceling health insurance.

Mandatory Financial Disclosure:
Both parties are legally required to disclose their income, assets, and liabilities. If there are concerns that a spouse is hiding money or undervaluing assets, the court can order subpoenas or allow financial experts to investigate.

Facing the Most Common Fears

Financially dependent individuals often hesitate to file for divorce because they’re worried about survival. These concerns are valid—but not without legal remedies:

• “I don’t have money to hire a lawyer.” The court can order your spouse to contribute to your legal expenses. You may also be able to secure free consultations to understand your options.
• “My spouse said they’d cut me off if I filed.” The court can protect your access to marital funds and prohibit retaliatory financial behavior.
• “I’m worried about supporting my children.” Temporary child support orders are available early in the divorce process to provide stability for you and your children.
• “I’m afraid my spouse is hiding assets.” Legal tools such as discovery and subpoenas can uncover hidden income and ensure a fair division of property.

How to Begin the Process Safely

If you’re financially reliant on your spouse and considering divorce, begin by gathering financial records: tax returns, pay stubs, bank statements, and bills. Keep these documents safe and secure. Consult with a Massachusetts divorce attorney as early as possible. They can explain the process and file motions to protect your access to financial resources.

You Have Legal Options and Support

No one should feel trapped in a marriage due to financial fear. Massachusetts law recognizes the imbalance that can occur when one spouse holds all the financial power and offers remedies to ensure fairness. By working with an experienced attorney, you can take steps to protect your financial well-being and start planning for a more stable future.

If you’re worried about your financial situation and considering divorce, speak with a trusted Massachusetts family law attorney who can help you understand your rights, secure temporary support, and advocate for your financial security during the divorce process.