In a Massachusetts divorce, an Automatic Restraining Order (ARO) (Supplemental Rule 411) kicks in automatically, freezing most financial actions to preserve assets; it stops spouses from selling property, hiding money, changing insurance, or incurring big debts, while allowing normal living expenses, but you can request court permission for exceptions. This order applies to both parties once filed/served and remains until the divorce ends, with violations leading to contempt of court, fines, or having to return assets.
What the ARO stops (Prohibitions)
- Assets: Selling, hiding, transferring, or disposing of real estate, bank accounts, retirement funds, or personal property.
- Insurance: Removing anyone (spouse/kids) from health, dental, auto, or disability coverage, or letting policies lapse; also, changing life insurance beneficiaries.
- Debt: Incurring new debt (like credit card advances or home equity loans) that burdens the other spouse.
- Financial Accounts: Clearing out funds from bank accounts, though normal spending for living expenses is allowed.
What the ARO allows (Exceptions)
- Normal Expenses: Spending money as usual for living costs, business, or paying reasonable attorney fees.
- Court Approval: Selling an asset or making a change if you file a motion with the court and get permission.
- Mutual Agreement: Both parties can agree to modify the order.
When it starts and ends
- Starts: For the filing spouse immediately; for the served spouse once they receive the complaint with the ARO.
- Ends: Automatically lifted when the final divorce judgment is entered.
Consequences of Violation
- Filing a contempt of court motion.
- Being ordered to return property or funds.
- Paying the other party’s legal fees for the contempt action.
- Losing credibility with the judge, affecting final decisions.
Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation.
mass.gov