Divorce doesn’t always have to involve litigation. But when there are aspects either party can’t agree upon, it can be necessary to take matters to court. One of the main areas of dispute tends to be surrounding property.
The aim of divorce litigation in this instance is usually to make certain there is a fair split between each party. However, that isn’t always a guaranteed outcome. Indeed, it can be made more difficult to achieve when one party isn’t being entirely honest about the value or number of assets that should be accounted for. If your former spouse is misrepresenting assets, you could receive a far lower settlement than you deserve.
But you can’t just turn up to court and claim your ex has provided falsified information about assets. So, let’s take a closer look at how you can improve misrepresentation.
Gain Legal Advice
Your first step should not be to immediately confront your ex with your suspicions. Not only can this be needlessly antagonistic, but also they may take this as an opportunity to dispose of key sources of evidence. Rather, this is an issue you should immediately discuss with your divorce attorney.
Talk specifically about the signs you feel indicates asset misrepresentation. This could include:
- Your ex is reporting a noticeably lower monthly income. This might not be limited to only after the divorce process has begun. They may have been alerted to a drop in the months prior to their requesting a divorce, as they might have been preparing for this eventuality.
- The property formerly in your former spouse’s name has been recently changed to that of children, family members, or friends. If there is no other legitimate reason your ex should be doing this, it may be intended to protect the property from the divorce division.
- Business value and leadership changes. If your ex has a controlling interest in a company and their status unexpectedly changes, or the company they own is valued much lower than previously, this can be a sign they’re attempting to manipulate their assets.
When your attorney knows about your concerns, they will then be able to guide you on the best route to approach litigation. It’s also worth bearing in mind that while many of the high-profile cases of asset manipulation may be focused on the husband’s behavior, it can go both ways. An attorney focused on divorce for men can provide you with insights into how best to represent your case for further examination into your ex’s assets.
Gather Evidence
Gathering evidence to prove misrepresentation is frequently challenging. This is especially the case when your ex has been planning to file for divorce for some time and has taken steps well in advance to shift their assets around. Not to mention that they may have accounts or property you may not have been aware of.
During litigation, the courts can compel your ex to provide full evidence of their asset ownership and financial transactions through subpoenas. Though, you may be able to provide some preliminary evidence in the form of your joint income tax returns, if you feel your ex is failing to declare assets during the divorce that they reported to the IRS.
However, it is not a good idea to go rooting around for evidence personally, as this can see you fall afoul of privacy legislation. In speaking to your attorney, they may recommend hiring a private investigator or forensic financial assessor. These experts know what they’re looking for when reviewing past accounts, business records, and other elements to ascertain whether manipulation is occurring. They also have experience in obtaining evidence in a legal, ethical, and effective manner.
Arrange for Third Party Joinder
One of the most common forms of asset manipulation is when your former spouse “gifts” assets to friends and family or otherwise passes them onto a third party. This doesn’t necessarily mean you’re powerless to gain evidence or for the division of assets to not include these items. The third-party can be “joined” into the proceedings. This means they are legally compelled by the court to be considered a party in your case. In turn, the judge can request specific financial and asset-related documents to be provided and for any relevant revealed assets to be included in any settlements.
However, it’s important to recognize that gaining proof of misrepresentation in this manner can be a bit of a risk. You, your attorney, or any other investigators must be reasonably certain of this third party’s involvement before proceeding with a joinder. If it is not proven they hold assets that could be considered community property in the marriage, you may wind up paying for the third party’s legal expenses.
Conclusion
Asset misrepresentation during the divorce process can result in a settlement that is unfair to you. Proving your former spouse has manipulated the situation is not always easy. As such, it’s important to discuss your suspicions with your attorney at the earliest possible juncture. They can provide you with the best advice on the types of evidence to collect, any other professionals to employ, and whether joinder is appropriate to the circumstances.