Searching for Hidden Assets
Key Points
  • Depending on the size of the marital estate, divorce can easily turn into financial warfare. The thought of dissolving or splitting things up can be overwhelming and often starts with a simple piece of paper and drawing a "T". The problem many spouses face is he or she does not always know what assets exist and the true value.
  • One of the most common ways a spouse will seek revenge in divorce is by trying to financially take advantage of the situation. Be aware of tactics used and be prepared to hire some professional help from a forensic accountant.

Divorce is, by nature, never an easy process. Quite often it is impossible to avoid emotional issues such as resentment and even worse, anger. Many times, it is one of these two or perhaps a combination of both that fuel attempts to "strike back" at or "get one over" on the other. And there is perhaps no greater chance to accomplish these goals when it comes to the impending division of marital assets. Yet Another emotional issue that might have to be reckoned with would be anxiety; the fear that a quality of life previously enjoyed was bound to decline. Again, this could influence strongly a spouse's preparations for the coming divorce.

Research & Document Your Assets

Often one spouse might attempt to undervalue or disguise a martial asset intentionally with the specific thought in mind of life after divorce. While suspicion and proof of these kinds of activities are two very different entities, there are ways in which to protect yourself. The most prominent counter-measures would be not only to start compiling detailed financial records complete with accurate asset assessments or valuations from the moment the decision to separate is made, but also to hire a specialized professional known as a forensic accountant. A forensic accountant is one who is an expert at tracing properties, evaluating financial reports, and assessing values for businesses and investments. Should things get really ugly, he or she is also one who makes a very good witness in a court of law.

Make Yourself Aware of Financial Tactics

Another way to eliminate any potential problems would be to familiarize yourself with some of the most frequent tactics used in such economic warfare. For example, in anticipation of divorce and a reluctance to share, a spouse may persuade an employer to delay delivery of a bonus, stock option, retirement benefit, or pay raise until after such time as a divorce is final. In this way, such monies would not be considered in the formal division of the marital assets. To prevent this, you may wish to take the deposition of your spouse's direct boss or payroll supervisor, however, should this prove unsuccessful you may need to enlist the services of a Forensic Accountant.

Other methods have been known to come in the form of payments to nonexistent employees, with the checks magically becoming void after the Date of Divorce. Sometimes monies are paid from a business account to somebody with close personal ties, such as a father, brother, or uncle, for services never actually performed. Naturally, the monies are returned after the divorce is final. Or, custodial accounts appear in the name of a child, under the child's Social Security Number, for money to be parked until such time as the coast is clear.

There could be delays in signing any formal business contracts, lucrative only by coincidence, until after the time is right. Although in some cases there is nothing inherently illegal about this, if the intent is to hold down or lower the value of a business, in the eyes of the court this is considered asset hiding. The help of a forensic accountant would almost certainly be required here.

It is not unwise to document all antiques, artwork, hobby equipment, gun collections, or tools that are quite often overlooked by the other spouse. If possible, have a professional appraiser establish a value in writing. Pay a visit to the office and notice if there are any lush furnishings, paintings, or collector-level carpets around. Pay attention to the monthly billing statements to see if the lifestyle is exceeding the normal income. Somebody may be stockpiling for the future.

Other means would be skimming cash off the top from a business owned, "debt repayment" to a friend for an alleged outstanding obligation, or perhaps expenses paid to a new girl or boyfriend for items such as gifts, travel, rent, or tuition for college or other educational classes (that will never be attended, with the monies refundable upon student withdrawal by a specific date). Another prominent method would be cash kept in the form of traveler's checks, although you may be able to discover the existence of these by tracing bank account transactions.

Again, you may wish to employ a forensic accountant. While a forensic accountant obviously does not work for free, the money spent on his or her salary could prove to be well worth it. In some cases, the old adage, better safe than sorry, could be a most prevailing and rewarding concept.

What is Right & Wrong!

In the opinion of a court of law, it is one thing to put assets into safekeeping or use them for necessities of life, it is quite another to hide them and not admit they exist as we have just addressed. The taking of monies from a joint bank account for transfer to an individual account, for example, is acceptable so long as the existence of such an account is admitted. In this manner, the judge will still be able to include them in a fair and equitable distribution of marital assets.

Conversely, if you claim you lost monies from a joint bank account at a casino in Atlantic City, the judge might very well conclude (perhaps incorrectly) that you are not telling the truth and are attempting to hide assets. In this case, there is a very good chance that the judge will award YOU the "missing" assets and assign an equal amount of assets to your spouse in the final distribution. If you are able to substantiate that certain assets were spent for a legitimate purpose, such as probable and reasonable living expenses, then there will be no penalty to pay, unless there was a specific restraining order issued by the court restricting such expenditures.

Useful Online Tools

Suggested Reading
The Property Division Handbook The Property Division Handbook
This book will explain in detail the property distribution aspect of divorce and separation. It will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.

Download Now

Recent Related Blog Posts
    All Property & Debt Blog Posts

Related Article Archives
Cost of Divorce
Financial Planning & Divorce
Property & Debt Division
Property Valuations
Premarital Agreements
    All Article Archives

Related Categories
Alimony & Spousal Support
Divorce Financial Planning
Divorce Laws
Estate Planning & Divorce
Pensions & Divorce
    All Categories
Related Forums
Financial Aspects
Property & Debt
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
SPOUSES CAN DO IT -- The easiest and least expensive way for a couple to divide and distribute the marital estate is for the spouses to do it themselves. Courts approve any settlement that is fair and reasonable. When courts divide property, normally the judge grants each spouse a percentage of the total value.
Start Divorce

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Featured Book Divorce & Money: How to Make the Best Financial Decisions

Divorce & Money: How to Make the Best Financial Decisions

Divorce & Money: How to Make the Best Financial Decisions


Featured Download What Happens to the Marital Home Upon Divorce

What Happens to the Marital Home Upon Divorce

What Happens to the Marital Home Upon Divorce

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site