Each spouse’s income plays a large role in many aspects of a divorce, including child custody, child support payments, alimony, and division of assets. If your spouse is lying about his or her income, it’s crucial to know what to do about it to ensure an equitable divorce. Surprisingly, it is very common for divorcing spouses to lie about income in family law proceedings. They may decide to do this to avoid paying child support or alimony, but the consequences for lying to the court are severe, according to our Orange County child support lawyer.
Divorce Proceedings Are Sworn Testimony
During your family law depositions, the opposing attorney will ask questions about your life, your marriage, the reasons for your divorce, issues you and your soon-to-be ex had, your children, your finances, and countless other possible subjects. A deposition is exactly like sworn testimony given in court, so lying under oath is just as serious in a deposition as it is on the witness stand.
Each party in a divorce proceeding has an obligation to tell the truth, even it comes at his or her own detriment. If one spouse decides to lie about income or financial assets, the judge handling the case may decide to punish him or her by forcing more alimony or child support than originally decreed or surrendering some assets to the other spouse. Lying about assets or income may also void a prenuptial agreement and the lying spouse would lose the assets and protections listed in the prenuptial agreement. If a person continually lies under oath, he or she may also face criminal charges for perjury.
How Do I Prove My Ex Is Lying?
If your ex has lied about his or her income or financial assets, speak with your attorney immediately about your concerns. Your attorney has several legal avenues available for uncovering the truth. These may include subpoenas for your ex’s pay stubs, bank statements, credit card statements, or tax returns. Your attorney may also submit a request for sworn testimony from your ex about his or her financial assets. If your ex refuses to honor these requests, he or she will likely face contempt of court.
If depositions or other options for uncovering the truth prove fruitless, you may have the option of hiring a private investigator or financial auditor to uncover important evidence. While these steps may seem extreme, it’s important to remember that uncovering the truth in divorce proceedings is important, especially if children are involved. Your ex’s untruthfulness could impact the child support payments you receive, which will hurt the kids.
California Laws for Financial Disclosure in Family Law
California state law takes financial disclosure in family law seriously. If you can prove your ex lied about his or her income and financial situation to avoid paying alimony or child support, you may have a case against him or her for breach of fiduciary duty, according to our Orange County alimony lawyer. If you take legal action against him or her, you can collect compensation for the assets and financial support you should have received.
If you feel tempted to lie about your income or hide financial assets in a divorce, remember that the penalties for doing so are significant. It is likely you will not only have to pay what you actually owe to your ex, but you may also face fines and criminal charges for lying under oath, hiding subpoenaed evidence, or otherwise obfuscating your true financial status during the divorce. If you have questions about what you need to disclose in a divorce, make sure to work closely with your divorce attorney in Orange County so you don’t inadvertently leave anything out that can come back to haunt you.
FAQs
Your attorney has several legal avenues available for uncovering the truth. These may include subpoenas for your ex's pay stubs, bank statements, credit card statements, or tax returns. Your attorney may also submit a request for sworn testimony from your ex about his or her financial assets.
How to deal with a spouse who lies about money? ›
How to Overcome Financial Infidelity
- Communicate. Share everything. ...
- Get on the same page. You guys! ...
- Tell the truth always—even when you make a money mistake. There's nothing more gut-wrenching than the feeling when someone intentionally lied to you. ...
- Get on a budget and spend without guilt.
What is financial infidelity, and is it a ground for divorce? Financial infidelity is a grounds for divorce in "at fault" states and also in a no-fault divorce. Financial infidelity in a marriage, which can complicate divorce proceedings, includes behaviors such as: Concealing debt from one's spouse.
What is a financial deceit in marriage? ›
Financial infidelity occurs when one partner hides or misrepresents financial information from the other, such as keeping secret bank accounts or hiding purchases. It does not necessarily involve marital infidelity, though it can lead to divorce.
What to do when your spouse lies about everything? ›
When you set boundaries in relationships, it's important to set consequences. If your partner has continuously lied to you, let them know that you'll find it difficult to remain in a relationship with them if they continue this behavior. If they continue lying, it's important to follow through on the consequence.
Can I sue my husband for financial infidelity? ›
While financial infidelity is not an official ground for divorce, deceitful behaviors can have legal implications in proceedings: Division of Property — Hiding assets or debts skews division. For example, if your spouse secretly amassed $100,000 in stock investments, you likely have a claim to half.
Can you sue your spouse for lying? ›
To successfully sue your ex-spouse for defamation, you must prove the following elements: Your ex made false and defamatory statements about you; The statements were published to a third party, and. The statements caused injury to your reputation.
Is financial infidelity abuse? ›
Financial infidelity is surprisingly common. But when one partner keeps money secrets or withholds financial information from the other partner, it might be a sign of abuse.
Should you confront a lying spouse? ›
As calmly as possible, you need to talk directly with your spouse about the lie. It's best to do this when you've had a little time to process the situation and think about what you want to say. Let them know that what you've seen and heard doesn't add up, and give them a chance to explain themselves.
Is lying a reason for divorce? ›
Lies and deception are some of the primary reasons why spouses end their marriage.
How to cope with a pathological liar
- Don't lose your temper. As frustrating as it may be, it's important not to let your anger get the better of you when confronting a pathological liar. ...
- Expect denial. ...
- Remember that it's not about you. ...
- Be supportive. ...
- Don't engage them. ...
- Suggest medical help.
Infidelity in a relationship can be heartbreaking. But financial infidelity, including hidden credit cards and undisclosed debts, can be both heartbreaking and break the bank. Sadly, financial infidelity is all too common among Americans.
Can a marriage survive financial infidelity? ›
While financial infidelity can and has led to the termination of many marriages, relationships can survive if spouses make a mutual commitment to be honest and communicate. Frequently reviewing bills and financial statements together and having ongoing discussions about future goals are essential.
Why is my husband so secretive about money? ›
Your spouse may have a habit that he or she does not want you to know about. Maybe he or she is having an affair or has a drug addiction. Your spouse conceals the money that he or she has spent in the hopes of preventing you from finding out about the secret.
Why does my husband lie about how much money he has? ›
Kendrick says, "the chief reasons people lie about money to their partners are pragmatism, control, guilt, and fear. The pragmatic lie may result from planning an eventual split and not wanting the other to know how much money is available."
