Uncovering your spouse’s hidden assets
Divorce is a complex matter to navigate for couples, and one of the issues during divorce proceedings is the division of matrimonial assets. Matrimonial assets commonly include savings in bank accounts, investment shares, the family vehicle(s), cash in the couple’s Central Provident Fund (“CPF”) accounts, insurance policies and jewelry and artwork.
In a strained marriage where divorce is a possibility, it is not unusual to suspect that your spouse might be hiding assets from you in an attempt to exclude them from the pool of matrimonial assets. Uncovering hidden assets is a big part of the divorce process.
So, what should you do if you begin to harbor these suspicions?
1. Be vigilant.
Many cases of hidden assets in a marriage arise due to asymmetrical knowledge about the finances within the household. As one party might take charge of household expenses, there could be an imbalance of information when the other party is unaware of where the spouse’s income or earnings are being channeled towards. Hence, it is prudent to be more mindful of the household expenses and any other big-ticket expenses.
It is also useful to be observant of your spouse’s financial expenditure to determine whether they correspond with the expenses that you are aware of, or whether there are anomalies in your spouse’s financial activities that are unaccounted for. For example, you may notice substantial cash withdrawals from your spouse’s bank account, or a new credit card that your spouse has not informed you of.
If your spouse often travels overseas, and frequently to a specific country, consider if he/she may have assets in that country. If he/she often checks the stock market for stock prices, he/she is likely to have a stock portfolio and it would be useful to ascertain which trading platform is being used and the extent of his/her stock holdings.
2. Be meticulous.
The act of being observant is only the first step. You should also be thorough and precise in noting down and keeping track of any financial documents at home, such as receipts, IRAS notice of assessments and bills, as they provide valuable proof of your spouse’s earning ability and expenses.
Documents such as past income tax returns notices and bank account statements might clue you in on any hidden assets when scrutinized for details. Furthermore, you can conduct simple searches online, for example, a People Profile search on Accounting Corporate Regulatory Authority (“ACRA”). This is a report that lists the business entities a person is or was involved in. You would be able to know whether your spouse holds any directorship or shareholding in any Singapore companies.
A list of the financial details you are aware of, such as existing bank accounts, credit and/or debit cards, would also make it easier for you when consulting with professionals to help you ascertain your spouse’s financial position.
3. Be discreet.
When collating information as evidence for your grounds, it is advisable to act discreetly and cautiously, such as not to alert them of your suspicions.
If your spouse catches on to your suspicions, it could worsen your relationship with them. They may also take more precautions to cover up their tracks or wrongdoings, hence making it harder for you to trail after any clues that they had previously been careless about.
4. Be proactive.
During divorce proceedings, there are legal procedures such as taking out a request for discovery and interrogatories to help you ascertain your spouse’s financial position.
Both parties are expected during the discovery stage of the Singapore divorce proceedings to voluntarily disclose all recent bank statements, pay slips, CPF statements, as well as the details and information on the assets they own. Both parties will also have the chance, through the use of interrogatories, to question and clarify doubts each of you may have about the documents, such as transactions made to unknown parties.
If you believe that your spouse has still not disclosed all his/her financial assets, you may make a request for discovery, where you can ask your spouse to produce specific documents that you believe will establish your spouse’s actual financial position. If the Court thinks your request is reasonable and necessary for the purposes of the divorce proceedings, an order for discovery will be made and your spouse will have to produce those documents.
In the case that your spouse does not fulfil their duties of full and frank disclosure of assets and there is evidence before the Court to suggest that your spouse has hidden or dissipated their assets, you can ask the Court to draw an “adverse inference” against your spouse. If the Court agrees that an adverse inference is drawn against your spouse, this will usually result in a higher share of the matrimonial assets being awarded to you.
5. Be resourceful.
For people with substantial amounts of assets, another method to uncover your spouse’s hidden assets would be to hire professionals to assist you on this, including lawyers, investigators and/or forensic accountants. These professionals would be competent in analyzing intricate information and observing trends based on the available financial documents, which a lay person may not be able to identify. They may also be able to uncover money trails and locate hidden assets.
Takeaways
Getting a divorce can be challenging, particularly when parties are unable to amicably settle disputes regarding the division of matrimonial assets due to the loss of trust between the parties. If you are inexperienced with handling financial matters, having to find ways to confirm your suspicions that your spouse is deliberately concealing assets from you can add another layer of difficulty to your divorce.
It is advisable to be well-prepared and equipped with sufficient knowledge about finances at home so that you are able to protect your rights over matrimonial assets in the event of a divorce. Your attentiveness and organisation, coupled with good legal advice and strategy, will increase your chances of getting a just and equitable share of the entire pool of matrimonial assets.
We're Ready To Help
If you suspect that your spouse is concealing assets during your divorce, Jacque Law LLC stands ready to assist you with unmatched expertise and understanding. Our team, specializing in matrimonial and family law, is adept at navigating the complexities of divorce proceedings, including the sensitive issue of uncovering hidden assets.
We're committed to ensuring that your rights and interests are safeguarded, aiming for a fair and equitable division of marital property. The journey through divorce can be challenging and emotionally taxing, but with our support, you don't have to face it alone.
Commonly Asked Questions
How can I uncover hidden assets if I suspect my spouse is concealing them?
Begin by being vigilant and observant of any unusual financial activities. Review financial documents such as bank statements, credit card statements, tax returns, and business records. Consider hiring a professional, such as a forensic accountant, to delve deeper into complex financial situations. Online searches, such as those through the tax assessor's office or business registries, can also reveal undisclosed assets.
Can family members or business associates be involved in hiding assets?
Yes, sometimes spouses attempt to hide assets by transferring them to family members, close friends, or business associates. Scrutinizing transfers and gifts to these individuals can uncover attempts to conceal assets. Legal and financial professionals can help trace these transactions.
Are there specific documents I should look for to find hidden assets?
Yes, focus on collecting bank and credit card statements, tax returns, business records, loan applications, and documents from the tax assessor's office. Any inconsistencies or transactions leading to unknown accounts could reveal hidden assets.
How can asset division be affected if my spouse is found to be hiding assets?
If it's proven that a spouse has concealed assets, the court may award a larger portion of the marital property to the other spouse as a form of compensation and to ensure a fair division of assets.