Q: I think my spouse may be hiding assets in our divorce. What should I do to uncover them, and is it worth the effort?
A: This is a common concern in many divorces, and the short answer is yes, it’s worth addressing.
In Ontario, both parties are legally required to disclose all assets and liabilities during separation, as part of the mandatory full financial disclosure process.
However, this is not always the case. If your spouse is hiding assets, that could impact the fairness of the division of property and could lead to serious legal consequences.
Hidden assets are typically those that are deliberately concealed by one spouse when separating.
These might include bank accounts, investments, real estate, valuable personal property or business interests. Sometimes, spouses will transfer assets to a third party to hide them.
Spousal support orders, writes Lisa Gelman, take into consideration the most up-to-date income
There are a few signs that could suggest your spouse may be hiding assets.
These can include unexplained changes in spending behaviour, such as lavish purchases or large withdrawals that don’t make sense given your financial situation.
You might also notice that your spouse is suddenly very secretive about financial matters, or there’s an unusual increase in debts.
If your spouse is self-employed or owns a business, they might try to downplay the value of their business or assets tied to it.
Keep an eye out for unexplained transfers of funds to other accounts, friends or family, as this could be a red flag.
So, what should you do to uncover these hidden assets? The first step is to ensure full financial disclosure.
If your spouse isn’t being transparent, it’s important to ask specific questions and request detailed records, including tax returns, bank statements, and business financials.
A prenup can take the worry out of the equation, writes family lawyer Lisa Gelman, and let you
If you believe there are discrepancies, inform your family lawyer as soon as possible.
Together, you can decide to reach out to a professional such as a forensic accountant who can dig deeper into financial records, trace transfers, and identify any irregularities that could point to hidden assets.
In addition to forensic accountants, the court can issue orders to compel the other party to comply and disclose certain assets.
Keep in mind, however, that this process can be time-consuming and expensive, so you need to weigh whether the value of the hidden assets is worth the cost and effort involved in uncovering them.
Uncovering hidden assets can be a time-consuming process. Deciding whether it’s worth uncovering hidden assets depends on the potential value of what you may gain.
If you suspect that significant assets are being hidden and the value of these assets would have a major impact on your financial future, it’s worth pursuing.
A grey divorce is particularly tough as it often involves older couples that have been married
However, if you’re looking at a relatively small amount that wouldn’t dramatically change the settlement, it may not be worth the additional expense and stress.
Consulting with a family lawyer can help you make this decision and guide you in the right direction.
There are steps you can take to better protect yourself if you suspect your spouse may be hiding assets during a divorce or separation.
It’s important to stay actively involved and informed about your family’s finances throughout your marriage or relationship.
If you’re familiar with your spouse’s usual spending and saving patterns, as well as the routine activity in your joint accounts, it will be much easier to notice any discrepancies if they occur.
Ensure you maintain clear financial records, keep copies of all important documents, and be vigilant about your spouse’s financial actions.
In the end, uncovering hidden assets can be tough, but it’s important to make sure your divorce settlement is fair and based on complete financial disclosure from both sides.
If you think assets are being hidden, take action with a family lawyer and protect your financial future.
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