Tips for Finding Hidden Assets in a Divorce? – Johnston Tomei Lenczycki & Goldberg LLC (2024)

Tips for Finding Hidden Assets in a Divorce? – Johnston Tomei Lenczycki & Goldberg LLC (1)

The process of divorce can be complicated. If you are considering divorce or have already begun the process, you likely have many questions about the next steps and what to expect. One issue that often arises in divorce cases is hidden assets. In other words, one spouse may hide money or valuable assets from the other. This blog will explain how couples can find hidden assets during divorce and how they should go about detecting them.

Hidden Assets

The hidden assets can take many forms. They are assets that are not reported or disclosed. It’s a common practice for spouses to hide assets during divorce proceedings to keep them out of the reach of their spouse and their children.

Hidden assets can be found in many different ways:

  • By looking at bank records, tax returns, and other financial documents. For example, suppose your spouse has multiple accounts but hasn’t reported them as part of their asset inventory. In that case, this is a sign of possible hidden money and should raise suspicions about what else might have been left off the books. Also, look for symptoms like multiple homes owned by one spouse that haven’t been disclosed on either party’s tax returns; additional vehicles purchased without being listed on an accident report or insurance record; or cash withdrawals from banks where no other account exists under your spouse’s name (or yours). Hidden funds may also be held in foreign banks outside the United States jurisdiction – check with your lawyer about how best to address this possibility before proceeding with any legal action related to these funds.
  • By looking at lifestyle differences between you two – for example, when you two were still married, living together vs now living separately after separation/divorce was finalized.
  • By investigating whether there are other sources of income besides just their salary from work.

Detecting Hidden Financial Assets in Divorce

Divorce is a matter of state law, so the process for determining hidden assets varies from state to state. However, some general guidelines can help you determine whether your spouse has tried hiding their financial investments during or after marriage.

First and foremost, examining bank accounts and credit card statements is essential as these are two of the most common ways people conceal their assets. You should also look at your and your spouse’s tax returns (if they’re married). Additionally, consider hiring an experienced forensic accountant who can help you detect any suspicious activity in financial documents like checks written from a company account into personal accounts belonging to either party involved in divorce proceedings.

Documents to Request from Your Spouse

Most people think their spouse is hiding assets from them, but it can be hard to prove this. Below are some documents you can request from your spouse that may provide evidence of hidden assets:

  • Tax returns for the past three years (both of you)
  • Your bank statements for the last two years
  • Your spouse’s broker statements for the last two years (if applicable)

To help you determine if your spouse has been hiding assets, here are some additional items you should review:

  • Joint checking accounts and other investment accounts in which you have an interest or signature authority.
  • Any retirement accounts.
  • Any life insurance policies that have your name on them.
  • Any real estate owned by you and your spouse, including the home you live in and any rental properties.

Examining the Lifestyle of Your Spouse

To find hidden assets, you will have to look at your spouse’s financial documents. This could include their income tax returns and bank and credit card statements. It would help if you also looked at any social media accounts they use frequently. The more information you have about your spouse’s lifestyle, the easier it will be for you to spot potential hidden assets.

When analyzing these types of financial records, keep in mind that there are many different ways that people can hide money from their spouse during a divorce case:

  • They may have an account with a different name or Social Security number, for example;
  • They could also be hiding funds in someone else’s name, or even worse yet – under another person who does not know about it (a minor child).

If you believe your spouse has hidden assets, you should consult with an attorney as soon as possible. Your lawyer can help you gather evidence and build a strong case against your spouse.

Hiring a Forensic Accountant

A forensic accountant is a neutral third party who can help you discover hidden assets. Lawyers often hire forensic accountants to assist in a divorce, and they can also be used by individuals trying to prove their spouse’s hidden assets.

This expert will review your financial records and look for inconsistencies that may indicate bogus expenses or fraud. For example, suppose the person has been regularly paying off someone else’s mortgage without explanation. This could mean they are hiding assets from you to avoid paying alimony or child support.

Potential Costs of Hiring a Forensic Accountant

The cost of hiring a forensic accountant may vary depending on the size of your estate. If you hire one, your maximum price will be $5,000 to $30,000. However, if you are going through a contested divorce and your spouse hires an expert to prove that they are entitled to more assets than what has been listed in their initial petition, this cost could be much higher.

The cost can also increase if more than one forensic accountant is involved in the case because it is expensive to have multiple people working on it simultaneously.

You should consult with an attorney if you believe your spouse might be hiding assets. It would help if you did not try to find hidden assets on your own because that could be considered fraudulent. The same goes for hiring a forensic accountant or private investigator on your own—if a party in the divorce case hires someone, they must disclose it and let the other party know what they are doing. There are many ways people can hide money and property from their spouses: offshore accounts, bank transfers between accounts opened at different banks by one person or several people together (known as “structuring”), etc., all require an expert eye to detect them.

When trying to get a fair settlement in your divorce, it’s essential to know if your spouse is hiding assets. If you believe there are hidden assets in your marriage, you should consult an attorney who can help you find them. The Lake County law firm of Johnston Tomei Lenczycki & Goldberg, LLC offers complimentary consultations to discuss your case and legal needs. Call us today!

As an expert in family law and divorce proceedings, I have extensive experience in navigating the complexities of asset division and uncovering hidden financial resources during divorce cases. My knowledge stems from years of practice and continuous involvement in resolving intricate financial matters within divorce proceedings.

In the provided article about detecting hidden assets during divorce, several essential concepts are discussed:

  1. Hidden Assets: These refer to undisclosed or unreported assets that one spouse conceals from the other during divorce proceedings. Such assets could include bank accounts, properties, vehicles, or other valuable holdings.

  2. Methods to Uncover Hidden Assets:

    • Financial Document Examination: Reviewing bank records, tax returns, and financial statements to identify inconsistencies or undisclosed assets.
    • Lifestyle Discrepancies: Contrasting the lifestyle during marriage with the current lifestyle after separation or divorce to detect potential hidden resources.
    • Additional Income Sources: Investigating for sources of income beyond reported salaries, such as investments or undisclosed business activities.
  3. Documents to Request from the Spouse: To uncover hidden assets, certain financial documents can provide evidence. These include tax returns, bank statements, broker statements, and documentation related to joint accounts, retirement accounts, life insurance policies, and real estate.

  4. Role of Forensic Accountants: Hiring a forensic accountant can be crucial in uncovering hidden assets. These professionals scrutinize financial records for irregularities, such as unexplained expenses or hidden transactions, to reveal potential asset concealment.

  5. Costs and Legal Considerations: The cost of hiring a forensic accountant may vary based on the complexity of the case and the extent of financial assets involved. It's crucial to work in adherence to legal guidelines, disclosing any expert assistance hired and consulting with legal counsel to ensure compliance.

  6. Importance of Legal Consultation: Seeking guidance from a qualified attorney is paramount. Attempting to uncover hidden assets independently or without legal oversight can have legal implications. Consulting with legal experts helps ensure compliance with legal procedures while building a robust case.

Uncovering hidden assets during divorce proceedings requires meticulous attention to financial details, an understanding of legal procedures, and often the expertise of forensic accountants or legal professionals. Detecting undisclosed resources is crucial to achieving a fair settlement in divorce cases, and seeking professional legal assistance is highly advisable to navigate these intricate matters effectively.

Tips for Finding Hidden Assets in a Divorce? – Johnston Tomei Lenczycki & Goldberg LLC (2024)

FAQs

What are my assets in a divorce? ›

For example, a house, car, or furniture. It's also things like a bank account, pension, 401k, or stocks. Even if you divided everything informally when you separated, a judge still needs to make a formal order about these issues.

How to find out what assets someone owns? ›

Identifying Assets via Public Records

Sources include: County Recorder (real estate records), Secretary of State (corporation and UCC filings), Business Licenses, Health Permits, CSLB Licenses, CDSS, BSIS, DMV, ABC, Courts.

What is the family code 2640? ›

Understanding Family Code Section 2640

The principle behind Section 2640 is straightforward: if you use your own money (which is considered your separate property) to enhance or acquire community property, you have a legal right to be reimbursed for the value of your contribution.

Is a TV considered an asset? ›

An asset is any item that you own that increases your net worth, as opposed to a liability that decreases your net worth. Examples of assets include the money in your bank account, property like your house or your car, and personal items like your TV, fine art or appliances.

Am I responsible for my husband's debts if we divorce? ›

In most states, you are responsible for all credit card debt incurred in your name in a divorce. You will not be responsible for your spouse's credit card debt if it is in their name only.

How do I find hidden devices? ›

You can also use smartphone apps that combine several technologies, such as Bluetooth scanning and infrared detection. These types of apps may be able to find unidentified devices within range, such as hidden cameras that use Bluetooth.

How to find hidden bank accounts of deceased? ›

To find lost bank accounts of a deceased, check their personal records for any bank statements or deposit slips that could indicate where they held accounts. You can also contact the banks directly where you believe they may have had accounts.

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