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Can I be charged for lying about my income or assets in divorce court?

 

Can I be charged for lying about my income or assets in divorce court?

Going through a divorce can be an incredibly stressful and emotional time. When assets and money are involved, some spouses may feel tempted to be less than truthful about their financial situation in order to get a better settlement. However, lying under oath or intentionally hiding assets is illegal and can have serious consequences if discovered.

In this article, we’ll break down the laws regarding perjury and asset concealment in divorce proceedings. We’ll look at what kinds of actions could get you charged with a crime, what penalties you may face, and some practical tips for avoiding trouble during your divorce.

Perjury

Perjury refers to the act of intentionally lying while under oath. This includes lying in written documents submitted to the court as well as oral testimony. Family court operates on the honor system – spouses are expected to provide honest and complete disclosures about their finances. If you sign a sworn statement or testify to something that is false, you could be charged with perjury. Some examples of perjury in a divorce case include:

  • Lying about your income on financial affidavits
  • Failing to disclose assets on mandatory asset schedules
  • Denying the existence of hidden accounts or assets under oath
  • Misrepresenting the value of assets like real estate, businesses, etc.

Perjury is a felony offense in most states. If convicted, you may face fines of up to $10,000 and several years in prison depending on the laws in your jurisdiction. Some states also allow the judge to consider perjury as a factor when deciding alimony and the division of marital property – meaning you could end up with a less favorable settlement if caught lying under oath.

Asset Concealment

Hiding assets in a divorce is illegal even if you don’t outright lie about it under oath. Spouses have a duty to fully disclose all marital property and debts. Intentionally concealing or undervaluing assets could lead to criminal charges for fraud, larceny, or embezzlement. Some examples of asset concealment include:

  • Transferring money to friends or relatives to “hold” during the divorce
  • Cashing out investments or retirement accounts and hiding the money
  • Failing to disclose offshore accounts and assets
  • Only disclosing joint accounts while hiding accounts in your name only
  • Underreporting self-employment income or business assets

The penalties for asset concealment vary by state but often include hefty fines and even jail time. You may also have to pay your ex-spouse’s legal fees related to uncovering the hidden assets. The judge may award 100% of concealed assets to your spouse as punishment. Bottom line – don’t hide assets!

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

How Can Assets and Lies Be Discovered?

Wondering how you’ll get caught if you do decide to fudge the numbers or hide assets? Rest assured, experienced divorce attorneys have ways of uncovering the truth:

  • Subpoena financial records from banks, employers, business partners – if the paper trail doesn’t match your disclosures, you’ll have some explaining to do.
  • Hire a forensic accountant to analyze your lifestyle, income, and expenses and determine if everything adds up.
  • Depose third parties such as business partners, bookkeepers, friends and family to try to uncover concealed assets.
  • Thoroughly investigate real estate, vehicle, and business ownership records which are public in most states.
  • File motions to compel if you’re believed to be withholding evidence or disobeying disclosure orders.

Savvy divorce lawyers have an arsenal of tools at their disposal to dig up the truth. Even if you make an honest mistake or omission, it can look extremely suspicious to a judge. Transparency and honesty are always the best policies when disclosing divorce finances.

What Should You Do If You Hid Assets or Lied?

Let’s say you already lied about money under oath or hid assets, and now you’re worried about the consequences. Here are some options to consider:

  • Consult with a criminal defense attorney – they can advise you of your rights and legal options based on the specific details of your situation.
  • Consider coming clean and disclosing the concealed assets or admitting to the lies. While this will anger your spouse, judges often look more favorably on honesty than continued deception.
  • See if your divorce attorney can negotiate immunity or a favorable settlement in exchange for full disclosure at this stage.
  • Prepare to defend yourself vigorously in court if the lies or fraud are exposed by your spouse’s attorney – you’ll need an experienced litigator in your corner.
  • Be ready to face penalties – you may have to pay fines, legal fees, or even serve jail time depending on the severity of the deception.

There are no easy options once you’ve crossed legal lines during a divorce. Speaking with an attorney to weigh the pros and cons of each approach is highly recommended. Don’t compound your mistakes by continuing to conceal or deceive – be prepared for the truth to come out.

Tips to Avoid Perjury and Fraud in Your Divorce Case

Now that you know the serious legal risks, here are some tips to keep everything above-board during your divorce proceedings:

  • Be 100% truthful on all documents and testimony. It’s not worth the legal hassles and reputation damage if caught lying.
  • Fully disclose all assets upfront even if you think something may be considered separate property. Let your lawyer handle property division arguments.
  • If you have concerns about disclosing safety-related information like domestic abuse or child custody issues, speak with your attorney about appropriate safeguards.
  • Don’t try to take revenge on a cheating spouse by hiding money – courts don’t look kindly on spiteful behavior.
  • Keep thorough records of all income, assets, debts, and expenditures. Sloppiness can appear like deception.
  • Understand that forensic accountants can dig deep – don’t assume you can outsmart them.
  • Be cooperative during discovery and answer questions honestly even if it means disclosing uncomfortable information.
  • Don’t discuss embellishing or concealing anything with friends or family – it could come back to haunt you.
  • If in doubt, disclose it and let your divorce lawyer handle the details.

While it’s natural to want the best settlement possible, lies and concealment often do more harm than good in divorce cases. Being transparent from the start and working with an experienced attorney to represent your interests is the smartest approach.

Speak With a Divorce Attorney Before Court Proceedings

Navigating a divorce with assets and complex finances on the line is tricky. Before you end up in a courtroom answering questions under oath, speak with a local divorce attorney about your rights and options. An experienced lawyer can help you:

  • Understand your state’s disclosure laws and penalties for perjury/fraud.
  • Determine separate vs marital property and how to make a claim on assets.
  • Complete accurate financial affidavits and asset schedules.
  • Gather documentation and records to support your position.
  • Prepare for questions about your finances and testimony.
  • Negotiate a fair settlement of assets and debts.
  • Avoid missteps that could raise red flags of concealment.

Don’t go through a divorce involving disputed assets without legal representation. An attorney can help protect your interests while keeping you on the right side of the law.

The Bottom Line

Being tempted to fudge the numbers or hide assets during divorce is understandable. However, perjury and asset concealment have serious criminal and financial consequences if discovered. It’s not worth the legal hassles and reputation damage. Be honest upfront, disclose completely, and let your lawyer handle advocating for your rightful share. Maintaining integrity and transparency is always the wisest approach when divorce and money collide.

Sources:

Hiding Assets During a Divorce | Nolo

Is It Fraud to Hide Assets During Divorce?

Perjury in Family Court: Why It Is a Big Deal

Questioning the Other Party During a Divorce | Nolo

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