Saturday, January 25, 2014

6 Reasons Not to Hide Assets in a Michigan Divorce



Getting a divorce is typically a painful and stressful thing to deal with for most. Unfortunately, you can make an already bad situation far worse financially when you choose to try and hide assets while going through a divorce. In an attempt to keep money, property and the like away from your spouse, you will end up paying a lot more as a consequence for trying to hide assets. If you’ve been thinking about “putting something on the side” or conveniently failing to mention “extra income” you're setting yourself up for financial hardship. To help keep you and your bank account out of harm's way, here are 6 ways to avoid making unnecessary financial mistakes during your divorce.


1. Hiding Assets Can Get Really Expensive
Let's say you have an additional bank account your soon to be ex knows nothing about. So you decide not to disclose the account and withdraw all of the money instead. Here's the problem, even though your spouse wasn't aware of the account, in the eyes of the law that account is considered marital property. He or she is entitled to half whether they were aware that the account existed or not. If you spend that money, the judge handling your divorce can impose financial penalties and force you to pay the amount back to your spouse.

2. Failure to Report Your Real Income 
If you choose to “fudge” a bit by not fully disclosing all sources of your income, that's called artificially deflating your income. This happens a lot during divorces where one spouse doesn't want to pay spousal support or wants to show less income in an effort to be able to pay less in alimony for example. It can be fairly easy to deflate income but doing so will end up costing you a lot of money in penalties. Manipulating income tax information can lead to problems with the IRS. That's not a problem you want to have ever! In the state of Michigan you could also be charged with fraud. That means spending an enormous amount of money hiring another attorney to defend you.

3. A Michigan Divorce Attorney Can Uncover Hidden Assets
In this technological age where almost everything is accessible on the internet, you leave a “digital footprint” everywhere. If you think those assets won't be discovered think again. Forensic accountants can find and trace income, even unreported income right back to you. So if you try to hide income or submit fake documents it's not a matter of if you'll get caught, it's when. The consequences are not worth the financial risks.

4. Successfully Hiding Real Estate Can Still Cost You Even After the Divorce is Final
There are instances where a spouse is successful at hiding a real estate transaction for example. The divorce becomes final and the ex-spouse walks away free and clear right? That's not necessarily true. Although once the divorce is final, a spouse cannot go back and ask the judge in the divorce to reconsider the terms of the finalized divorce to claim real estate found after the divorce. However, it is highly possible that the other spouse can sue in civil court to recoup monetary damages. So hiding real estate even if you get away with it during the divorce could still end up costing you later if you're sued.

5. The Penalties of Hiding Assets in Mt. Clemens MI
In the state of Michigan, the penalties for hiding assets can be financially painful. If for example you choose not to list all of the property owned by you and your spouse, a judge can award the property you attempted to hide to your spouse. As mentioned above you could also face fraud charges. If that's not enough, a judge can hold you in contempt of court should you fail to reveal the property during the discovery phase. That could lead to additional fines.

6. Attorney Fees
In addition to paying your own attorney during a divorce, if your spouse's attorney suspects there are hidden assets, he or she will inquire about those assets and you will be required to respond accordingly. If you ignore those inquiries by not responding, the judge can hold you in contempt of court. The judge will most likely fine you and may even order you to pay your spouse's attorney fees as well.

Make the Right Choices in Your Michigan Divorce
Choosing to hide assets during your divorce can cause major financial problems that can last for years. You can ruin your credit and end up with a criminal record for fraud. Getting a divorce is painful enough. Don't add to it by hiding your assets. You'll save yourself a lot of heartache and frustration in the end.

Contact Femminineo Attorneys, PLLC to schedule your free initial consultation, get Michigan divorce help, and discuss your situation.

Femminineo Attorneys
Michigan Divorce Help
110 S Main St #200
Mt Clemens, MI 48043
United States
(586) 954-9500
http://www.michigandivorcehelp.com/