What Can You Do When Your Spouse Is Hiding Assets During a Divorce?

Posted on : January 10, 2024
Naples Family and Divorce Lawyer

If your Spouse Is Hiding Assets this informative blog is for you. Navigating a divorce is already a complex process, and matters can become more challenging if one spouse is suspected of hiding assets. In such cases, seeking representation from a skilled multi-state divorce attorney becomes crucial to protect your rights. This article aims to shed light on common tactics used by spouses to conceal assets during divorce proceedings and provides insights into how one can uncover such hidden financial resources.

Identifying Hidden Assets:

When one spouse seeks to manipulate the property division process, they may resort to various tactics. These can include delaying business deals, undervaluing high-worth assets, storing assets with friends or family, creating offshore accounts, or even wasting marital assets. Recognizing these tactics is the first step to protecting your rights during a divorce.

Common Methods of Asset Concealment:

  • Delayed Financial Transactions: Some spouses might postpone business deals, raises, or bonuses until after the divorce to present a diminished financial picture.
  • Undervaluing Assets: High-value assets like businesses, art, vehicles, and properties may be intentionally undervalued to skew the property division in one’s favor.
  • Concealed Bank Accounts: Opening offshore or undisclosed bank accounts to transfer marital assets can be an effective strategy for hiding wealth.
  • Asset Transfers: Spouses may transfer assets to friends or family, often in the form of gifts, making it challenging for the other party to trace and claim their fair share.
  • Falsifying Loans: Creating fake loans to third parties is another way to divert funds and keep assets hidden.
  • Manipulating Income: Hiding income, bonuses, or other resources, and failing to report cash payments are tactics aimed at presenting a lower financial standing.
  • Hidden Investments: Establishing retirement accounts or trusts without the other spouse’s knowledge is a method used to conceal assets.

Uncovering Hidden Assets:

If you suspect your spouse of hiding assets, taking proactive steps is essential. Here’s how you can uncover concealed financial resources:

  • Review Legal Access: Scrutinize financial information and statements that you legally have access to, helping identify discrepancies.
  • Utilize the Discovery Process: Engage in the court-ordered discovery process, involving tools such as interrogatories, document requests, deposition testimonies, and subpoenas.
  • Consult with an Attorney: Collaborate with a seasoned divorce attorney to determine the most effective strategies for uncovering hidden assets. They can guide you through the formal discovery process and ensure your rights are protected.

The Divorce Discovery Process:

Formal discovery is a vital aspect of uncovering hidden assets. Through methods like interrogatories, document requests, deposition testimonies, and subpoenas, the court-ordered discovery process facilitates the identification of concealed financial resources. If a spouse refuses to disclose information or provides false information under oath, they may face legal consequences.

FAQs: Uncovering Hidden Assets During Divorce

Q: What happens if a spouse hides money during a divorce?

A: If a spouse is discovered hiding marital or separate assets, they can face civil and criminal consequences. This includes potential charges for contempt of court when both spouses are required to provide information on assets. In equitable distribution states, purposefully hiding assets may lead to a different division of assets.

Q: What is considered marital misconduct in Missouri?

A: Marital misconduct in Missouri includes behaviors that harm the marriage, such as adultery, abandonment, wasting marital assets, substance abuse disorders, domestic violence, or any form of abuse. While Missouri does not require a fault-based divorce, marital misconduct can influence spousal support decisions and the distribution of marital assets.

Q: How are assets split in a divorce in Nebraska?

A: Nebraska, like most states, follows an equitable distribution model for the court-ordered division of marital property. The court assumes each spouse has an equal claim to assets gained during the marriage but may adjust this based on factors like the length of the marriage and each spouse’s contributions to marital assets.

Q: What is the penalty for hiding assets in a divorce in Illinois?

A: Discovering a spouse hiding separate or marital assets in Illinois may result in several civil and criminal penalties. These can include the court awarding hidden assets to the other spouse, a greater portion of marital assets being awarded, the responsible spouse covering the other’s legal fees, and potential criminal consequences for contempt of court.

If you suspect your spouse of hiding assets during divorce proceedings, seeking legal counsel is crucial. With the assistance of an experienced divorce attorney, you can navigate the formal discovery process to uncover concealed financial resources and protect your rights effectively. Contact Naples Family and Divorce Lawyer today for expert guidance in your divorce journey.

Posted in : Kevyn Noonan Hayes, P.A.

Comments are closed.