Once we decided to divorce, we each opened our own accounts and closed the joint one but it was mutual. Can he figure out how much she has spent v how much he has spent and take out the correct difference and leave her with the rest? This will document that he gave her half of what was in there.
We drew up a document while we were in the process of filing that stated that we both agree to close our joint accounts and open individual accounts. We just typed it up, both signed it and had it notarized and each kept a copy. This was our paralegal's suggestion (we didn't use lawyers) so that we could start building our own finances and neither of us could ever come back and say the other closed our account and cut us off. I am sure these things vary from state to state. We are in CA.
Here in my state, we could do what ever we wanted to, before the paperwork was filed. I pulled out my money from out joint account, he had none in there and I closed it. I did speak with my lawyer before I did it to make sure it was ok. I had already opened my own account several months before and just moved it over to that account.
Or, he could close the account. Then send a cheque for half of the money in a way that she would have to sign for it. That way, even if it does come up in court, it's less likely to affect it negatively.