If you are going through a divorce, one of the first things you will do is gather all your financial information. This means bank statements, credit card statements, the title documents for any property, mortgage documents, car loans, retirement accounts, and anything else that is part of your family’s financial picture. Often, this is straightforward. Both spouses will cooperate with the Ohio divorce laws. In some cases, however, one spouse will refuse to cooperate. If your spouse is trying to hide financial information, do you have any recourse?
In Ohio, marital assets need to be protected during the divorce, and any hidden or misrepresented assets can cause a big legal problem for the spouse who is hiding them. When one spouse tries to hide financial information, it is typically because they do not want to share those assets when property is divided. Property that gained value during the marriage is typically considered a marital asset. Hiding assets from the court can result in sanctions for the non-compliant spouse who is found in contempt by violating a court order. This can include fines, an attorney’s fee award, or even jail time.
Most divorces aren’t pleasant. Often, there is a good reason for the divorce. However, when one spouse is being exceedingly difficult, it can make the divorce even more difficult. If you are dealing with a difficult spouse during divorce, try to avoid stooping to their level. Make all of your requests formally through your attorney, and document everything, including all of your conversations. If your spouse isn’t turning over information, your attorney can send a subpoena to any third parties who have the financial information relevant to your divorce. You can also request your spouse to appear to be questioned under oath with a court reporter present. The most important thing to do when dealing with a difficult spouse during a divorce is not to let yourself get sucked into an argument. Keep a cool head, document everything, and let your attorney fight the fight for you.
Your divorce attorney is your best ally and a form of recourse when trying to figure out how to deal with a difficult spouse during divorce, especially with divorce laws surrounding financial disclosures. Your attorney will help you draft the motions necessary to request financial information, and can draft subpoenas for third parties, and can even employ a forensic accountant to find out what information your spouse is hiding. Family courts have multiple tools they can use to force spouses to turn over their accurate financial information to the court so assets can be accurately accounted for and divided during the divorce proceedings.
Your spouse may think they have good reason to hide financial information during a divorce, but it is rarely in their best interest. If they are found to be hiding assets or information, they risk a heavy fine or even jail time. You have a right to have a full financial picture when filing for divorce, and your attorney can help you make sure you and your rights are protected. If you’re going through a divorce and suspect your spouse is hiding financial information from the court, contact my office today.