Hidden Assets

In an Ohio divorce proceeding, you must disclose all your assets to each other and the court to either negotiate a divorce settlement that divides the marital estate or allow the court to divide marital property equitably. However, the spouse who holds property that qualifies as a marital asset may try to keep that property rather than splitting it with their spouse by concealing it from the other spouse and the court.

Contact Carpenter Family Law today for a free initial case evaluation with an experienced divorce attorney to learn more about hidden assets in divorce and what steps you can take to protect your financial interests and future when your spouse has concealed marital property from division in your divorce proceeding.

Understanding Hidden Assets

Your spouse may try to hide assets for multiple reasons. They may wish to hold on to specific property or minimize their apparent financial resources, which may affect a court’s spousal support determination. However, hiding assets during divorce constitutes an improper litigation tactic that may open a spouse who hides assets to various consequences, including sanctions imposed by the court or a less favorable equitable division.

Common examples of hidden assets in divorce include:

  • Undisclosed separate bank or brokerage accounts
  • Offshore accounts and trusts
  • Property, such as real estate or vehicles, transferred or “gifted” to family and friends to put the property in their names
  • Undervalued business interests, including saddling a business with fake loans to reduce its value
  • Deferred income, stock options, and other unvested compensation
  • Multiple transfers of assets

Hidden assets can have significant legal and financial implications during a divorce case. State law requires spouses in a divorce case to disclose their property holdings and financial interests fully, as some of their property may include marital assets subject to equitable division in divorce. When the court discovers that your spouse has hidden assets in a divorce case, it may impose various consequences for the spouse’s conduct, including:

  • Holding the spouse in contempt of court
  • Imposing financial penalties for the spouse’s contempt
  • Awarding the hidden asset to the other spouse

In rare cases, hiding assets can lead to criminal consequences for a spouse who conceals property from their spouse and the court. For example, your spouse may face criminal charges if they engage in offenses such as bank, wire, or mail fraud to conceal assets. Your spouse can also face perjury charges if they lie about assets while testifying under oath or in a document they sign under the penalty of perjury.

The discovery of hidden assets can also affect the outcome of a divorce case. A court may consider your spouse’s efforts to conceal assets for personal financial gain when deciding matters such as the equitable distribution of the marital estate, spousal support awards, or child custody.

Signs Your Spouse Has Hidden Assets

Red flags you should look out for when you and your spouse separate and file for divorce that may indicate your spouse has hidden assets from you and the court include:

  • Sudden changes in financial behavior, such as depositing or withdrawing money from bank accounts more than usual
  • Missing financial documents, such as bank/brokerage statements, property deeds, or vehicle titles
  • Unexplained withdrawals or transfers from family bank accounts
  • Overpayments on loans or for state and federal income taxes
  • Creation of new business entities such as LLCs or trusts and transfers of properties or money to those entities or trusts
  • Sudden and unusual financial or property transactions with other family members, friends, or business partners

What to Do If You Suspect Your Spouse Hid Assets

When you suspect that your spouse may have hidden assets in preparation for your Ohio divorce, steps you should take to protect your financial rights and interests include:

  • First, you should begin documenting your spouse’s suspicious behavior or financial transactions, such as unusual or unexplained bank withdrawals or business communications.
  • Gather and make copies of all available financial records, including bank statements, brokerage/retirement account statements, vehicle titles, and property deeds, in case those records later go missing.
  • Avoid confronting your spouse with your suspicions. Doing so may convince your spouse to take further steps to hide assets, making it more challenging to track those assets down.
  • Contact an experienced family law attorney who can help you investigate suspected hidden assets and advocate for your financial interests in your divorce case.

Prompt action can give you the best chance to identify or track concealed assets. The longer you wait to act, the more challenging it might become to find hidden assets due to the loss of evidence that can help track them down.

How a Family Law Attorney Can Help

Identifying and locating hidden assets can involve a complex and time-consuming process. A high-asset divorce attorney can help you uncover marital assets that your spouse has hidden from you and the court by:

  • Thoroughly investigating your family’s financial situation to recover evidence that may help identify and track down hidden assets
  • Leveraging legal tools in the divorce case to obtain evidence, including interrogatories, subpoenas, and depositions during discovery
  • Working with experts to locate concealed assets, such as private investigators and forensic accountants who can review financial documents to trace hidden assets back to the marital estate
  • Pursuing relief from the court, including obtaining orders to compel discovery or impose sanctions for a spouse’s misconduct in misleading you and the court
  • Advocating for a more favorable outcome on issues such as property division or spousal support due to your spouse’s efforts in hiding assets

Why Choose a Lawyer from Carpenter Family Law?

When your spouse hides assets during your divorce, having experienced legal counsel can provide the support and resources you need to demand accountability from your spouse for their actions. Turn to an Ohio divorce attorney from Carpenter Family Law to help you protect your rights and interests when your spouse has concealed assets during property division because:

  • Our attorneys have over 20 years of experience advocating for our clients’ interests in challenging situations in family law cases. We dedicate ourselves to providing each client with the high-quality legal representation they need and deserve during trying times in a divorce.
  • Founding attorney Kendra Carpenter has earned numerous awards for her work, including selection to Ohio Super Lawyers and inclusion in the Columbus Business First 40 Under 40. Before opening Carpenter Family Law, she practiced in business litigation for a national law firm, giving her extensive experience with complex financial issues that she now uses to tackle matters such as hidden assets in divorce cases.
  • You can expect personalized attention when you choose us to help you deal with suspected hidden assets in your divorce. We take the time to get to know you and understand your needs, concerns, and goals to offer you tailored solutions. Our firm will work with you at each stage of your case to empower you to make informed decisions.

Contact Our Firm Today to Discuss Your Rights

After you suspect or discover that your spouse has hidden assets during your divorce proceedings, you need experienced legal guidance and advocacy to protect your interests. Contact Carpenter Family Law for a free initial consultation with a knowledgeable Ohio divorce lawyer to discuss your options. We can help you pursue accountability and financial relief for your spouse’s efforts to conceal marital assets from property division in divorce.