In high-asset divorces, timing can be everything. When one spouse has the ability or incentive to move, hide, or deplete marital property, the financial damage can occur long before a final decree is entered. Asset freezing orders in divorce are designed to prevent the transfer, concealment, or dissipation of marital property before the court has the opportunity to divide it fairly. These orders are particularly critical in cases involving business ownership, complex asset portfolios, or imbalanced control over marital finances. If you or your spouse are considering ending your marriage and you believe marital assets are at risk, you should speak with an attorney about how you can protect your interests. At McClure Law Group, our trusted Dallas divorce attorneys are proficient at advocating for people in high-stakes divorces, and if we represent you, we will take the action needed to help you safeguard your financial future.
Legal Authority for Asset Freezing Orders in Texas DivorceAsset freezing orders in divorce are typically issued through temporary restraining orders or temporary injunctions early in the case. These court orders restrict spouses from selling property, transferring funds, incurring extraordinary debt, or altering ownership interests while the divorce is pending. Their purpose is not to punish, but to protect the marital estate so it can be divided in a just and right manner under Texas law.
To obtain asset freezing orders in divorce, the requesting spouse must generally demonstrate a credible risk that assets may be wasted, hidden, or placed beyond the court’s reach. Courts carefully evaluate the evidence and tailor the restrictions to the specific financial risks presented, while allowing reasonable expenses and ordinary financial activity to continue.
Scope and Practical Limits of Asset Freezing Orders in DivorceThe scope of asset freezing orders in divorce varies depending on the nature of the marital estate. Orders may apply to bank and brokerage accounts, real estate, retirement assets, business interests, or digital and cryptocurrency holdings. In complex cases, courts often issue detailed provisions specifying what transactions are prohibited and which are permitted.
Texas courts are mindful that asset freezing orders in divorce must be workable. Most orders include exceptions for living expenses, payroll, taxes, and routine business operations. Poorly drafted or overly broad orders can create unnecessary hardship, while narrowly tailored orders are more likely to withstand challenge and achieve their intended protective purpose.
Asset Freezing Orders in Divorce Involving Business InterestsAsset freezing orders in divorce are especially important when one spouse controls a closely held or family-owned business. That control can create opportunities to manipulate income, transfer assets, or assume strategic debt to influence the division of property. Courts may restrict extraordinary transactions, require enhanced financial disclosures, or limit changes to business structure during the divorce.
At the same time, courts seek to avoid harming viable businesses. Asset freezing orders in divorce involving business interests must balance asset protection with the need for continued operations, employee stability, and contractual obligations.
Enforcement and Consequences of Violating Asset Freezing OrdersViolations of asset freezing orders in divorce are taken seriously by Texas courts. A spouse who disregards these restrictions may face contempt proceedings, financial sanctions, or adverse findings that affect the final property division. Courts may also consider violations as evidence of bad faith or lack of credibility.
Effective enforcement often requires detailed discovery, forensic accounting, and prompt court involvement. Asset freezing orders in divorce are only as effective as the strategies used to monitor compliance and respond swiftly to violations.
Speak with Capable Dallas Divorce Attorneys Regarding Your CaseAsset freezing orders in divorce are a powerful legal tool, but they must be pursued, drafted, and enforced with precision. Whether you are seeking to protect marital assets or responding to restrictive temporary orders, it is critical to speak with an attorney as soon as possible. At McClure Law Group, our capable Dallas divorce attorneys regularly handle high-asset divorces, and if we represent you, we will tirelessly pursue the outcome you deserve. Our main office is located in Dallas, and we have a Collin County office in Plano where we meet clients by appointment. We represent individuals throughout Dallas, Collin, Denton, Tarrant, Rockwall, and surrounding counties. You can reach us at 214.692.8200 or complete our online form to schedule a confidential consultation.