If you’re filing for divorce in King County or Snohomish County, you may be surprised to learn that a financial restraining order is automatically issued at the start of your case. These orders aren’t meant to punish either party. They exist to preserve the status quo and protect both spouses from financial harm while the divorce is pending.
At Magnuson Lowell, P.S., we often receive questions about what these orders mean and how they affect day-to-day life. Here's what you need to know about the purpose, benefits, and practical impact of financial restraining orders during divorce.
What Is a Financial Restraining Order?
A financial restraining order is a court order that limits both spouses from taking certain financial actions without the other party’s agreement or court approval. In King and Snohomish Counties, this order is issued automatically when the divorce case is filed and remains in effect throughout the case.
The order typically prevents either party from:
- Selling, transferring, or giving away property
- Draining bank or retirement accounts
- Changing or canceling insurance policies
- Incurring large debts in the other party’s name
- Altering beneficiary designations on life insurance or retirement accounts
Why Are These Orders Issued Automatically?
Divorces often come with heightened emotions, and some spouses may be tempted to make sudden financial decisions out of fear, anger, or spite. The purpose of the restraining order is to:
- Protect marital property from being hidden, moved, or spent before it can be fairly divided
- Prevent financial surprises that could harm one party’s ability to support themselves
- Maintain stability while the legal process unfolds
- Encourage cooperation and transparency between spouses
By applying the same rules to both parties from the beginning, the court ensures a level playing field.
How Does It Affect Daily Life?
Despite its name, a financial restraining order doesn’t completely freeze your finances. You are still allowed to:
- Use funds to pay regular living expenses (e.g., rent, mortgage, groceries, utilities)
- Maintain and operate your personal or joint bank accounts
- Continue business operations, if self-employed
- Hire legal counsel and pay related fees
The order is meant to stop major changes - not routine transactions. If you're unsure whether a specific action is allowed, it's best to speak with your attorney before making financial moves.
What If You Need to Make a Major Financial Change?
There may be times when a larger transaction is necessary, such as selling a jointly owned vehicle, refinancing a loan, or making a significant investment. In those cases, you can:
- Get written agreement from your spouse
- Request court approval through a motion
The court may often allow transactions that are reasonable and fair, especially if both parties benefit or the action is necessary for financial stability.
What Happens If the Order Is Violated?
Violating a financial restraining order is a serious matter. If one party transfers property, hides money, or otherwise breaches the order, the court may:
- Issue sanctions or fines
- Require reimbursement of lost funds
- Award the affected party a larger share of marital assets
- Hold the violator in contempt of court
These consequences are designed to deter bad behavior and protect both spouses throughout the process.
Speak with a Washington Divorce Attorney
Financial restraining orders provide critical protection during divorce, but it’s important to understand how they apply to your specific situation. At Magnuson Lowell, P.S., we guide our clients through every stage of the divorce process, helping them make informed decisions while complying with all court orders.
We offer free telephone case evaluations 425-800-0576. Contact us today to discuss your divorce and get clear answers about your financial rights and responsibilities.
