Florida Hidden Assets Divorce Lawyer

You usually cannot know for sure from the outside, and many gaps have an innocent explanation. Signs that are worth a closer look include a sudden drop in reported income, new accounts or transfers you do not recognize, large cash withdrawals, a business that seems to be doing well while the owner reports losses, and a lifestyle that costs more than the income on paper. The mandatory disclosure process and formal discovery are the lawful way to find out. We can review what you already know in a free consultation.

A forensic accountant follows the money. In plain terms, they compare bank and brokerage statements, tax returns, business books and credit card records to see where money came from and where it went. A common method is to compare how the family actually lives with the income that was reported, because a large gap between the two needs an explanation. They can also trace an asset from one account to another over several years. Their findings can be presented to the court in a written report and through testimony.

Florida judges have several tools when a spouse fails to disclose. The court can order the missing information produced, award the other spouse's attorney's fees and costs caused by the conduct, and impose other sanctions. A false sworn financial affidavit also carries legal risk for the person who signed it. When an asset is found, the court can include it in the division of property. In some cases, assets discovered after the final judgment can be the basis for asking the court to reopen the property division. We can explain how this applies to your situation.

It can be. Section 61.075(1)(i) lets the court consider the intentional dissipation or waste of marital assets after filing or within two years before the petition was filed. Marital money spent on a romantic partner, such as gifts, travel or rent, can be raised as dissipation. When the court finds it, the court can take it into account when dividing what is left, which may mean treating the amount as if the spending spouse had already received it. The spending has to be shown with records, so documentation matters.

This is a question to ask a lawyer before you act. Some information is plainly yours to use, such as statements for joint accounts or mail addressed to you. Logging into your spouse's email or accounts without permission, installing tracking software or recording private conversations can violate Florida law and can keep the evidence out of court. It can also create problems for you in the case. There are lawful ways to get the same records through disclosure and subpoenas. We can talk through what you have and what you should leave alone.

The financial affidavit is a sworn statement of each spouse's income, expenses, assets and debts, and it is required under Florida Family Law Rule of Procedure 12.285. In a hidden asset case it is often the most important document in the file, because it fixes what a spouse claimed to own and earn at a specific time. If records later show something different, that difference can be used in discovery, at deposition and at trial. We review it closely from the day it is served.

In a pending divorce, records can usually be obtained from banks, brokerages, employers and other third parties through a subpoena, following the procedure in the Florida family law discovery rules. The other spouse generally receives notice and may object, for example if the request is too broad or reaches private information that has nothing to do with the case. A well-drafted subpoena asks for the right records over the right period, and that is part of our work in these cases.

Cryptocurrency acquired during the marriage is treated like any other asset and is presumed marital under section 61.075(8). Digital assets can be harder to find because they may sit on an exchange, in a software wallet or on a hardware device. Bank statements showing transfers to exchanges, tax filings and exchange account records are common starting points. Transactions on many public blockchains are recorded permanently, which can help an analyst trace transfers between wallets. We work with professionals who understand these records when the case calls for it.

A Florida court that has authority over both spouses can order a spouse to disclose foreign accounts and property and can include them in the division of marital assets. Finding and reaching those assets can take more work. Wire records, federal tax filings that ask about foreign accounts, and statements from domestic banks often point to where money went. When assets are outside the country, the court can also make orders directed at the spouse personally. We review the paper trail with you and decide what the case needs.

Yes, in the right circumstances. When a party is about to remove property from Florida, or fraudulently convey or conceal it, section 61.11 lets the court issue an injunction and make orders to secure support. The court can also order temporary support under section 61.071 and, for good cause, an interim partial distribution under section 61.075(5). The court will want specific facts, not just a worry, so timing and evidence both matter. We can look at whether a temporary order makes sense in your case.

Business owners have more control over how income is reported, so these cases often need closer review. Questions we look at include whether personal expenses are being paid by the business, whether income is being deferred until after the divorce, whether customers are paying in cash, and whether the business value matches its records. Some of this can be explained by ordinary business practice, and some cannot. The value of the business itself may be divided under section 61.075. We can talk through the business in a free consultation.

Under section 61.075(7), the date for deciding which assets are marital is generally the earliest of the date the spouses signed a valid separation agreement or the date the petition for divorce was filed. The judge decides the valuation date or dates that are just and equitable. This matters in a hidden asset case because money moved shortly before the cut-off date may still be in play, and the two-year look-back for dissipation in section 61.075(1)(i) can reach transfers made before the case began.

When one spouse controls most of the money, section 61.16 lets the court order that spouse to pay a reasonable amount of the other spouse's attorney's fees and costs, based on need and ability to pay, including before the final hearing. Costs can include professional fees needed to present the case. Not every case needs a full forensic review either. Sometimes careful document requests and a deposition answer the main questions. We can help you decide what level of review your case calls for and how it might be paid for.

Take it seriously and answer it completely. Many accusations come from money that was spent on ordinary household needs, business expenses or debts that the other spouse did not see. The strongest response is usually records: statements, receipts and a clear explanation of where the money went. Late or incomplete disclosure tends to make an innocent situation look worse. We help clients organize their financial records, complete their disclosure correctly and respond to discovery so the court sees the full picture. Call us to talk about where things stand.