What Can You Do if Your Spouse is Hiding Assets in Divorce?

Posted by Antonio G. Jimenez, Esq. | Mar 17, 2021 | 0 Comments

Addressing Concealed Assets and Ensuring Equitable Distribution


Divorce isn't just about ending a relationship; it's about redistributing shared assets. In Florida, the battle over asset division, especially with hidden properties, can be complex and emotional. It's not just about dividing material possessions but ensuring future financial security. While Florida law mandates full disclosure of assets and debts in divorce, some spouses may attempt to conceal assets. If you're navigating such complexities, understanding your rights is crucial.


The Challenge of Hidden Assets

1. Why Assets are Concealed in Divorce:  
Some spouses may hide assets as a means to safeguard their financial future, penalize the other party, or even out of sheer spite. But remember, it's not the intent of Florida law. Complete transparency in financial matters is crucial for equitable division.

2. Recognizing the Signs:
Hidden assets aren't always tucked away in secret bank accounts. They can be disguised as undervalued sales to friends, concealed through business transactions, or even wasted on extramarital affairs.


Unearthing Hidden Assets: The Procedural Journey

1. Evidence is Key:
Suspecting hidden assets is one thing, proving it is another. Courts require substantial evidence, so partnering with a skilled divorce attorney can be invaluable. From bank statements, tax returns, to pension plans, every document can be a potential clue.

2. Beyond Traditional Documentation:  
If a spouse operates a business, there may be hidden assets funneled through it. This requires a more profound investigation, often with the aid of a forensic accountant who can trace anomalies in business transactions.

3. Extensive Discovery:
With suspicions of hidden assets, attorneys may embark on an extensive discovery journey. This can encompass depositions under oath, intricate written questionnaires, and thorough documentation requests.


Consequences for Concealing Assets in Divorce

1. The Immediate Impact:  
If a court determines that one spouse intentionally concealed assets, the other party might receive a larger share of the marital assets. The guilty party may also bear the costs associated with unearthing the hidden assets, such as attorney fees.

2. Legal Repercussions:
Perjury charges might befall a spouse found lying about assets during depositions or court testimonies. In rare circumstances, they could also face criminal fraud charges.

3. Post-Divorce Discoveries:  
If concealed assets surface after the finalization of the divorce, the previous agreement might be revisited and adjusted to ensure fairness. A previously signed settlement agreement that assured honest disclosure can bolster such efforts.


Seek Experienced Guidance  

Concealed assets can derail the fairness of divorce proceedings. If you suspect hidden assets, or if you've recently discovered concealed properties post-divorce, it's imperative to consult an adept divorce attorney immediately. With stringent penalties in Florida for such concealments, rely on our team at Florida Divorce Law Group for comprehensive guidance and representation. Schedule a free consultation to benefit from our experience.

About the Author

Antonio G. Jimenez, Esq.

Managing Attorney and Founder


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