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Financial Protective Orders and Divorce

Posted by Sarah-Kathryn Bryan | Apr 16, 2024 | 0 Comments

What is the Purpose of a Financial Protective Order During Divorce Proceedings?

The purpose of a financial protective order in the state of Alaska during divorce or legal separation proceedings is to protect the financial interests and assets of the parties involved. It aims to prevent one party from depleting or misusing marital assets, such as money, property, or investments, without the other party's knowledge or consent. The order ensures that both parties have access to relevant financial information and that assets are preserved for equitable distribution. By implementing a financial protective order, the court aims to maintain financial stability and fairness during the divorce or legal separation process. 
The Domestic Relations Standing Order, which applies to all domestic relations cases in the district, prohibits the parties from committing acts of marital waste or theft. However, a financial protective order may be necessary if one spouse has begun to hide or steal assets prior to the opening of a divorce case.

How Does a Financial Protective Order Ensure Stability and Fairness During the Divorce or Legal Separation Process in Alaska?

A financial protective order ensures financial stability and fairness during the divorce or legal separation process in Alaska by implementing several measures:

Financial Protective Orders Help Preserve Your Assets

The order prevents either party from depleting or disposing of marital assets without the knowledge or consent of the other party. This helps to preserve the assets and ensures that they remain available for equitable distribution.

Financial Disclosure in Divorce

The discovery process in divorce requires both parties to provide complete and accurate financial information, including income, expenses, assets, and debts. This promotes transparency and ensures that both parties have a clear understanding of the financial situation.  

Financial Protective Orders are a Form of Restraining Order

The order may include restraining provisions that prohibit both parties from making significant financial transactions or changes without prior court approval. This prevents one party from taking actions that could negatively impact the other party's financial stability.  
While Alaska law does not recognize theft as a crime of domestic violence, financial protective orders allow the court to intervene in cases where financial abuse has taken place. By implementing these measures, a financial protective order in Alaska aims to maintain financial stability, prevent financial abuse, and ensure a fair outcome for both parties involved in the divorce or legal separation proceedings.

Experienced Attorney in Financially Complex Divorce

To ensure that your assets are protected during a legal separation or divorce, call Shortell Law LLC today at 907-272-8181.

About the Author

Sarah-Kathryn Bryan

Sarah Kathryn Bryan is an associate attorney at Shortell Law LLC. Ms. Bryan handles cases in family law, business, employment, estate planning and general civil litigation.


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