Finding Hidden Assets in a Divorce Proceeding
In New York State, each party is entitled to equitable distribution of the assets accumulated during the time of the marriage. Before dividing the assets, it is necessary to establish what the assets are. In some cases, spouses will hide assets, undervalue assets or disguise marital assets. The following is a list of assets that should be investigated and valued at the time of a divorce:
- Income – Individuals may skim income from their businesses or hide cash. It may involve money and/or salaries paid by an individual in business to a friend, family member, girlfriend, boyfriend or third party that provides no services.
- An individual may hide bonuses, stock options and salary increases until after the divorce proceedings are over. Action should be undertaken to look into whether this delayed income should be considered during divorce proceedings.
- Money paid to entertain or travel with a girlfriend or a boyfriend, such as gifts, rent and/or other entertainment expenses, should be looked into. In addition, 401K’s , 403B’s and deferred income devices should be investigated.
How to Find the Hidden Assets
After the initiation of legal action, there is a period called “discovery”. During the course of discovery, written interrogatories, depositions, notices to admit, notices to produce and other discovery devices are utilized. These devices are excellent means of establishing what the assets accumulated during the marriage are. These devices can be utilized to uncover hidden assets.
When to Investigate
If you suspect your spouse has hidden assets in a divorce, it is important that your attorney take action to investigate the matter.
At the Law Office of Elliot S. Schlissel, we utilize private investigators and forensic accountants. We have almost 32 years of experience in finding the most hard to locate or hidden assets. Call us if you have any questions at 1-800-344-6431.
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