Can My Spouse Hide Money During Divorce in Florida

Can My Spouse Hide Money During Divorce in Florida

Date Posted: August 17, 2025 2:43 am Author: Scott A. Levine

Can My Spouse Hide Money During Divorce in Florida

Divorce is already stressful, and the thought of your spouse hiding money or property just adds another layer of worry. Many people in Florida worry that their partner might hide assets to avoid splitting them. 

Yes, spouses sometimes attempt to conceal money during a Florida divorce, but it’s illegal, and the courts can impose severe penalties if they are caught.

Hiding money during a divorce in Florida is illegal and can result in serious legal consequences. If your spouse conceals assets or income, you can take legal steps—like subpoenas and forensic audits—to uncover the truth and protect your fair share in the settlement.

Florida law requires both spouses to provide full financial disclosure during the divorce process. Even with that rule, some individuals still attempt to conceal bank accounts, investments, or property.

They might believe hiding assets will let them keep more, but that plan usually backfires. If you’re concerned, it’s helpful to recognize the warning signs and take steps to protect yourself.

Spotting unusual behavior and collaborating with professionals who can uncover hidden wealth can make a significant difference. There are ways to ensure you receive your fair share.

Key Takeaways

  1. Hiding assets during a Florida divorce is illegal and can lead to court sanctions, loss of assets, and a reopened case under Florida law.
  2. Spouses often conceal money through secret accounts, undervalued businesses, luxury purchases, or delayed income, especially in high-net-worth cases.
  3. Florida courts can uncover hidden assets using discovery tools like subpoenas, depositions, and forensic accountants during the divorce process.
  4. Levine Family Law helps protect your financial future by identifying red flags, enforcing disclosure rules, and ensuring a fair division of marital property.

Is It Illegal to Hide Money During a Divorce in Florida?

Is It Illegal to Hide Money During a Divorce in Florida?

Hiding money during a Florida divorce breaks the law. State rules require you to disclose all your finances, and the court can hit you with big penalties if you don’t.

Courts can seize hidden assets and distribute them to the other spouse. They don’t mess around with this stuff.

Florida Family Law Rule of Procedure 12.285

Florida Family Law Rule of Procedure 12.285 states that both spouses must disclose all financial details during divorce. Each person has to file a Financial Affidavit within 45 days after being served.

The affidavit covers:

  • All income sources from the last year
  • Bank and investment accounts
  • Real estate and personal property
  • Business and retirement accounts
  • Debts and liabilities

When you sign the affidavit, you’re swearing it’s true. Lying or leaving things out counts as perjury in Florida.

Both spouses must give a full financial picture during divorce. If you don’t, the court can impose sanctions immediately.

Either side can also request additional documents to verify the numbers. If things look fishy, the court can force you to hand over bank records, tax returns, and business documents.

Consequences: Court Sanctions, Loss of Assets, Credibility Damage

Florida courts are not lenient with individuals who attempt to conceal assets during divorce proceedings. The judge might just give the hidden assets to the other spouse as a penalty.

Financial Penalties:

  • Losing the hidden assets to your spouse
  • Paying your spouse’s attorney fees
  • Contempt of court fines
  • Getting a smaller share of the rest of the property

Judges often give the honest spouse a larger share of the remaining assets. If you try to cheat, it can cost you more than just your reputation.

Trying to hide money ruins the fairness of the process and makes the judge less likely to trust you on anything else.

Sometimes, criminal charges come into play. If you lie on sworn documents, you could end up facing perjury charges that follow you long after the divorce.

What Are Common Ways Spouses Hide Money in a Florida Divorce?

What Are Common Ways Spouses Hide Money in a Florida Divorce?

Spouses have devised numerous methods to conceal assets during divorce. Some move money to friends or family, others buy things that are hard to trace.

Transferring Funds to Family or Friends

One popular option is to transfer money to a trusted family member or friend. The spouse asks them to hang onto cash or valuables until the divorce is over.

This way, the money disappears from the official records for a while. Later, they plan to retrieve it.

Fake loans are another trick. Someone claims they owe a relative and sends them payments, only to get the money returned after the divorce.

Some even overpay contractors or babysitters, using those extra payments to sneak money out of joint accounts. The service provider quietly returns the cash later.

Spouses sometimes open secret accounts or ask friends to hide things while the divorce is happening.

Undervaluing Business Interests

If your spouse runs a business, they’ve got extra ways to hide money. They might hold off on signing new deals or collecting payments until the divorce is done.

Some hold back bonuses or raises, working with partners or employers to delay that income. Others inflate expenses or fabricate debts to make the business appear less valuable.

They might even transfer business assets to another company they control, selling off assets at a low price to a shell company.

Overpaying the IRS for a Refund Later

Overpaying taxes is a sneaky but simple trick. The spouse sends extra money to the IRS or boosts their paycheck withholdings.

That cash sits with the IRS until after the divorce, when they file for a refund. It won’t show up in regular bank records.

Some folks do the same with state taxes or property taxes. Any overpayment can be a hidden asset in disguise.

Buying Crypto or Luxury Goods

Cryptocurrency is tough to trace and easy to hide. Someone might buy digital coins with cash or move money through different accounts.

They can keep their crypto on hardware wallets or use privacy coins, which don’t appear on standard statements.

Luxury items, such as jewelry, art, or collectibles, work in a similar way. The spouse might claim they received them as gifts or understate what they actually paid.

Gold, silver, and precious metals are another favorite. People stash them in safety deposit boxes or private spots.

Even expensive hobby gear or sports equipment can hide value. The spouse might downplay what it’s worth.

Withdrawing Large Cash Amounts

Pulling out cash is a classic move. The spouse makes lots of small withdrawals, so banks don’t flag it.

They might start doing this months before the divorce, making it look like normal spending.

Some cash their paychecks instead of depositing them, then claim they earned less or had work expenses.

Money from side jobs or freelance gigs often stays off the books. The spouse just pockets the cash.

Renting a safety deposit box under their own name provides a secure location to store large amounts of cash.

Signs to Watch For

Changes in financial behavior can be a giveaway. If your spouse suddenly becomes secretive or starts moving money around, something may be amiss.

Watch for signs like denying that assets exist or creating fake debts that are quickly paid off.

Look for these warning signs:

  • New accounts or credit cards showing up
  • Account balances are dropping without reason
  • Missing financial statements or tax returns
  • Not wanting to talk about money
  • Unexplained cash purchases or sudden lifestyle changes

Missing paperwork is a classic red flag. If bank statements or tax returns are missing, or business records appear vague, that’s suspicious.

Sudden tech changes can also mean trouble. If your spouse starts using new devices or financial apps, they might be hiding a digital trail.

If you’re ready to get started, call us now!

What Should I Do If I Suspect My Spouse Is Hiding Assets?

What Should I Do If I Suspect My Spouse Is Hiding Assets?

If you think your spouse is hiding money, you need to act fast to protect yourself. Your primary tools include legal assistance, discovery requests, financial experts, and maintaining the safety of all important documents.

Consult a Divorce Attorney

Begin by consulting an experienced divorce attorney who is familiar with handling cases involving hidden assets. They’ll walk you through Florida’s discovery process and explain your rights.

Your lawyer can request discovery during the divorce to dig up hidden assets. They’ve seen all the tricks and have the right tools to uncover money, property, or investments your spouse tries to hide.

Why hire an attorney?

  • They know Florida’s disclosure laws inside and out
  • They can use legal discovery tools
  • They work with forensic accountants and investigators
  • They help you avoid costly mistakes

Don’t put this off. The sooner you get help, the better your odds of finding everything before it disappears.

File Discovery Requests

Discovery means both spouses have to share financial information during divorce. Your attorney can file specific requests to force your spouse to cough up details.

Common discovery tools:

  • Interrogatories – Written questions your spouse must answer under oath
  • Requests for Production – Demands for documents or records
  • Requests for Admission – Statements your spouse has to admit or deny

Florida law says both sides must fully disclose their finances. If your spouse lies or conceals information during discovery, they risk significant legal trouble.

Your spouse has to hand over bank statements, tax returns, investment accounts, and business records. They can’t just ignore these requests.

Hire a Forensic Accountant

A forensic accountant digs into hidden assets and analyzes tricky financial records. They spot inconsistencies that could mean someone’s hiding money during a divorce.

These pros know how to follow money trails through multiple accounts and transactions. They’ll catch odd financial moves that most folks wouldn’t notice.

What forensic accountants look for:

  • Unexplained cash withdrawals
  • Transfers to unknown accounts
  • Fake business expenses
  • Hidden investment accounts
  • Property transfers to family or friends

Honestly, hiring a forensic accountant often pays for itself if you recover hidden assets. They tend to find more than enough to cover their fees.

Request Subpoenas or Depositions

Your attorney can request subpoenas to get financial records straight from banks, employers, or other third parties. This prevents your spouse from hiding or altering documents before you have a chance to review them.

Depositions let your attorney question your spouse under oath about their finances. Lying under oath? That’s perjury, and it carries real consequences.

Subpoenas can be obtained:

  • Bank account records
  • Credit card statements
  • Employment records and pay stubs
  • Business financial records
  • Real estate transaction documents

Banks and other third parties have to comply with valid subpoenas. Once the court gives the green light, your spouse can’t block these requests.

Preserving Important Records

Start collecting and copying any financial documents you can get your hands on right away. If your spouse realizes you’re suspicious, they might try to destroy or hide records.

Important documents to preserve:

  • Tax returns from recent years
  • Bank and credit card statements
  • Investment account statements
  • Business records and contracts
  • Real estate documents
  • Insurance policies

Make copies of everything and stash them somewhere safe—ideally somewhere your spouse can’t reach. Give your attorney a set for backup.

If you can’t copy something, snap a photo with your phone. Even partial records help forensic experts spot red flags for hidden assets.

Try not to tip your spouse off about your document gathering until your attorney says it’s okay.

What Happens If Hidden Assets Are Discovered During Or After Divorce?

If a court determines that someone has hidden assets, it can redistribute property, reopen cases, and impose sanctions. Florida courts don’t mess around with asset concealment—they’ve got plenty of ways to deal with it.

Redistribution of Assets

The court can award a larger share of marital property to the spouse who was more equitable. It’s both a punishment and a way to make things right.

Sometimes, the judge awards the innocent spouse additional assets equal to the value of the hidden assets. If the money’s gone, the court can just cut the guilty spouse’s share of what’s left.

Florida courts see hiding assets as serious misconduct during property division. This usually tips the scales in favor of the honest spouse at the time of settlement.

Common redistribution methods include:

  • Awarding extra real estate or investments
  • Increasing alimony payments
  • Giving larger retirement account portions
  • Transferring business interests

Reopening the Case Under Florida Rule of Civil Procedure 1.540

Florida lets divorced spouses reopen final judgments if hidden assets come to light after divorce. Rule 1.540 is the legal door for that.

The innocent spouse must file a motion within a specified timeframe. They’ll need proof that assets were purposely hidden during the original case.

Courts want clear evidence of fraud or misrepresentation. Bank records, tax returns, and financial statements typically suffice.

Requirements for reopening include:

  • Filing within four years of discovery
  • Showing that the assets were unknown during the divorce
  • Proving that intentional concealment occurred
  • Demonstrating material impact on the settlement

Order Reimbursement or Sanctions

Judges can order the guilty spouse to pay the victim’s attorney fees and investigation costs. These sanctions punish bad behavior and try to make the innocent spouse whole again.

Courts might order immediate payment of the value of hidden assets. Interest and penalties can add up fast.

Some judges impose contempt of court penalties on offenders who break disclosure rules. That can mean fines or even jail time in serious cases.

Potential sanctions include:

  • Attorney fee reimbursement
  • Court costs and investigation expenses
  • Interest on hidden asset values
  • Contempt charges and fines

Post-Divorce Discovery and New Rulings

Even years after a divorce, finding hidden assets can spark new legal action. Florida courts retain the power to modify property division if someone can prove fraud.

The innocent spouse can bring in forensic accountants and private investigators. These individuals sometimes discover offshore accounts, business interests, or even cryptocurrency stashes.

Courts can freeze assets that have just been discovered, preventing them from being lost while the case proceeds.

But act fast—there are time limits for post-divorce claims. The evidence must show that the assets actually existed during the marriage.

Levine Family Law handles complex equitable distribution cases across South Florida. If you’re noticing missing accounts or suspicious transfers, let’s discuss next steps. Reach out to us today.

If you’re ready to get started, call us now!

Can a Forensic Accountant Really Find Hidden Assets?

Forensic accountants utilize specialized tools and methods to identify and track hidden assets during divorce proceedings. 

They’re good at spotting weird financial patterns and uncovering tricks that regular attorneys might overlook.

Role of a Forensic Accountant in Divorce

Forensic accountants dig deep to see if a spouse hid money or assets. They pour over every financial record they can get.

These experts create detailed spreadsheets that track incomes, expenses, and tax details. By the end, they’ll know exactly how much a spouse is worth.

Key tasks include:

  • Analyzing bank statements and financial records
  • Reviewing tax returns for inconsistencies
  • Tracing money transfers and transactions
  • Examining business financial statements
  • Investigating cryptocurrency and digital assets

The forensic accountant pulls together evidence for the court. Their reports reveal the location of hidden assets and their corresponding value.

Red Flags Detected by Forensic Experts

Forensic accountants watch for telltale signs of asset hiding. Odd spending patterns often give away attempts to stash money.

Common red flags include:

  • Large cash withdrawals before filing for divorce
  • New accounts opened without the other spouse’s knowledge
  • Transfers to friends or family members
  • Overpaying taxes to get larger refunds later
  • Buying pricey items that could be sold after a divorce

Digital currency and electronic hiding methods are becoming increasingly prevalent. Skilled forensic experts can also trace cryptocurrency transactions.

Business owners sometimes fudge company finances to hide income. They might hold off on signing contracts or paying themselves bonuses until the divorce is finalized.

Value of Hiring Experts in Complex Cases

Hidden assets make fair property division impossible and cheat one spouse out of what they deserve. In high-asset divorces, professional investigation is a must.

Honestly, the cost of a forensic accountant can be a small investment compared to what they recover. 

If there are businesses, multiple properties, or significant investments, these professionals can uncover thousands—or even millions—in hidden assets.

Cases that benefit most from forensic accounting:

  • Business owners or self-employed spouses
  • High-net-worth individuals
  • Complex investment portfolios
  • International assets or accounts
  • Suspected cryptocurrency holdings

Forensic accountants team up with divorce attorneys to build a strong case. Their analysis and testimony can sway court decisions on asset division and support.

Protecting Yourself: How to Prevent Your Spouse From Hiding Money

Protecting Yourself: How to Prevent Your Spouse From Hiding Money

If you take action early in the divorce process, you’ve got a much better shot at stopping a spouse from hiding assets. 

Keeping a close eye on accounts and working with experienced legal pros is your best bet against sneaky money moves.

Monitor Accounts Regularly

Checking your accounts regularly is your first defense against hidden assets. Look over bank statements, credit card bills, and investment accounts at least weekly during divorce proceedings.

Key warning signs to watch for:

  • Unusual cash withdrawals or transfers
  • New accounts opened without discussion
  • Sudden drops in account balances
  • Payments to unfamiliar companies or people

If you spot something unusual, document it immediately. Take screenshots or photos before the transactions vanish from online banking.

Many banks offer transaction alerts for transactions exceeding a specified amount. Set these to ping you for anything over $500 or $1,000—whatever fits your normal spending.

Go back and review tax returns from the last three years. Look for new income sources, investment accounts, or business interests you didn’t know about.

Check your credit reports monthly for new accounts or loans. Sometimes a spouse opens secret credit lines or borrows against hidden assets.

Request Formal Financial Affidavits

Financial affidavits force both spouses to list all assets, debts, income, and expenses under oath. Lying here carries serious penalties.

The affidavit must include:

Asset CategoryRequired Information
Bank accountsAll checking, savings, and CDs
InvestmentsStocks, bonds, retirement funds
Real estatePrimary home, rental properties
Business interestsOwnership stakes, partnerships
Personal propertyVehicles, jewelry, collections

Ask for these documents early in the divorce process. The more time someone has, the easier it is for them to hide assets.

Compare what’s in the affidavit to what you already know. If accounts or assets are missing or undervalued, that’s a big red flag.

If things don’t add up, legal professionals can dig deeper through formal discovery.

Work With a Divorce Lawyer Experienced in Asset Tracing

Seasoned divorce attorneys know all the classic tricks for hiding money. They’ll spot red flags that most people miss.

Asset tracing specialists use forensic accounting to follow the money. They comb through bank records, business deals, and investment transfers to chase down hidden funds.

These pros have access to:

  • Subpoena powers for financial records
  • Forensic accounting software
  • Private investigator networks
  • Court-ordered discovery tools

Generally, hiring asset tracing experts is a worthwhile investment. There’s often way more hidden money than the cost of the investigation.

Protecting your financial interests gets a lot easier with professional help, especially when there’s a lot at stake.

Speak With a Florida Divorce Attorney Before It’s Too Late

Get legal help early on to protect yourself from financial losses during divorce. A good attorney helps you spot hidden assets and act before your spouse gets sneaky with money.

Act Early If You Have Suspicions

If you suspect your spouse is hiding assets, time is crucial. The earlier you bring in an attorney, the better your odds of tracking down hidden money or property.

A seasoned divorce lawyer knows how to move fast. They’ll request financial records right away—bank statements, tax returns, business docs, you name it.

Your attorney can also ask the court to freeze assets. That way, your spouse can’t just move money to secret accounts or hand it off to family.

Warning signs to watch for:

  • New credit cards or bank accounts
  • Large cash withdrawals
  • Sudden drops in business income
  • Expensive gifts to friends or family

If you wait too long, those hidden assets might vanish for good. Talk to your attorney to stop your spouse from hiding assets before or during divorce. Don’t put it off.

What to Expect from a Free Consultation or Financial Strategy Session

At Levine Family Law, we understand that facing financial dishonesty during divorce can feel overwhelming. That’s why we offer confidential consultations—so you can get clarity without pressure or commitment.

During your consultation, you’ll meet directly with attorney Scott A. Levine to review your concerns and learn your legal options under Florida divorce law. 

Whether you suspect hidden accounts, business underreporting, or asset transfers, we’ll outline your rights and next steps to protect what’s yours.

What to bring with you:

  • Recent federal tax returns
  • Bank and credit card statements (individual & joint)
  • Pay stubs or income documentation for both spouses
  • Property deeds, mortgage statements, or title paperwork
  • Any suspicious financial documents or unusual transactions

We also offer extended financial strategy sessions for high-net-worth individuals or those with complex cases. 

These sessions are designed to help you proactively uncover hidden assets, plan your financial roadmap, and build a strong legal case from day one.

Suspect financial dishonesty in your divorce? Levine Family Law helps uncover concealed income, accounts, or property during high-conflict cases. Schedule a confidential financial strategy session—contact us today.

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    Frequently Asked Questions 

    Is it illegal to hide money during a divorce in Florida?

    Yes, hiding money or assets during a divorce in Florida is illegal. Both spouses are legally required to fully disclose all financial information under Florida Family Law Rule 12.285, and failing to do so can result in court sanctions or a revised settlement.

    What are the signs your spouse may be hiding money in a divorce?

    Common signs include missing financial statements, unexplained cash withdrawals, sudden debts, locked digital files, or lifestyle changes that don’t match reported income.

    How do Florida courts find hidden assets during divorce?

    Florida courts can uncover hidden assets through subpoenas, the use of forensic accountants, mandatory financial affidavits, and depositions during the discovery phase of divorce proceedings.

    What happens if my spouse is caught hiding assets in a Florida divorce?

    If a spouse is found to have hidden assets, the court may redistribute the hidden funds, impose financial penalties, award attorney fees, or reopen the case under Florida Rule of Civil Procedure 1.540.

    Can I reopen a divorce case if hidden assets are found later?

    Yes, Florida law allows you to reopen a divorce case if you discover that your spouse concealed assets. You’ll need to file a motion and present evidence of fraud or misrepresentation.

    What can I do if I suspect financial deception during divorce?

    You should consult an experienced divorce attorney, preserve all financial records, and consider hiring a forensic accountant to investigate possible hidden assets.

    What financial documents should I bring to a divorce consultation?

    Bring recent tax returns, bank and credit card statements, pay stubs, property records, and any suspicious financial paperwork that may indicate concealed income or assets.

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