Thursday, 29 October 2015

What Happens if One Spouse Hides Assets in a Divorce

Divorce involves splitting up marital property so each spouse gets a reasonable fair share of assets acquired during the course of the marriage. In order for property to be divided and for decisions to be made about spousal support and child support, if any, it is important to know how much money is being made and what assets the couple owns.

Unfortunately, sometimes one spouse in a marriage that is ending is unwilling to provide financial disclosures as required. This can make the process of divorce much more difficult and much more expensive for all parties involved in the process of ending the marriage.

If one spouse is hiding assets in a divorce, it is going to be virtually impossible for the couple to resolve their issues and create a divorce settlement outside of court. It is almost always better if a couple negotiates on their own about how property and assets should be divided, because this can allow each person to get more of what he or she cares about while also making the divorce cost less overall. However, if you suspect your spouse is hiding assets or is not being forthcoming about income and property, you probably do not want to just agree to a divorce settlement. If you agree to accept what your spouse is offering and there are hidden assets somewhere, you could be missing out on money that should be yours.

Mediation or a negotiated divorce settlement is probably not likely to work very well to get you what you deserve if your spouse is hiding assets because there is no real way to compel your spouse to provide financial information when these processes are used. By contrast, if you go before a judge in a litigated divorce and your spouse is hiding assets, the court can demand disclosures. If your spouse refuses to comply with a court order and/or you can prove your spouse is lying on financial disclosure documents, this can have serious consequences for your spouse including a potential charge of perjury or being held in contempt of court.

There are ways to find hidden assets, even if one of the two spouses is very unwilling to disclose. For example, a forensic accountant can sometimes be hired in divorce situations if one spouse is hiding assets. While this can be expensive, it may be worth it to hire someone to trace the money if you find yourself in a situation where you may be cheated out of a significant portion of what you actually should get when a marriage ends.

When a spouse hides assets in a divorce, this almost automatically makes the case a much more complex one. This means it is important for both of the spouses to be represented by a qualified and experienced legal professional. You should hire an attorney as soon as you can to get help in trying to ensure you get a fair divorce settlement.