Property division proceedings are an integral component of marital dissolution. Especially if you’re a parent, while you might wish you could say goodbye, walk out the door and never look back, you understand that it’s not that simple. Before you can achieve a fair divorce settlement in a Kansas court, you and your ex must resolve numerous financial issues, particularly those that are relevant to your children’s well-being.
If you’re dealing with a spouse who is willing to buck the system just to try to gain an upper hand over you in court, obtaining a fair property settlement might be difficult, especially if your ex is hiding assets. Bear in mind that doing so is unlawful. It’s a form of perjury because Kansas law requires full disclosure on both sides regarding marital assets and liabilities in a divorce.
Where to look for evidence if you think your ex is hiding assets in a divorce
No family court judge is going to look favorably on a spouse who is hiding assets in a divorce. If you plan to make such allegations in your divorce, however, you must also be prepared to back up your claim with strong evidence to convince the judge who is overseeing your case. The following list shows some of the most common means spouses use when hiding assets:
- Delaying bonuses, pay raises or project payments in business
- Undervaluing assets, such as artwork or jewelry
- Siphoning money from a joint account to an individual or juvenile account
- Concealing assets via NFTs or cryptocurrencies
- Overpaying on credit card balances or income taxes
Remember that it’s not enough to inform the court that you believe your spouse is hiding assets. You must show evidence to substantiate your claim.
Know the difference between equitable and equal property division
Like most states, Kansas operates under equitable property division guidelines in divorce. Many people mistakenly think that “equitable” means “equal,” as in a 50/50 split of marital property. In fact, only nine states have community property rules, which divide marital assets and liabilities equally. In this state, as well as most others, a family court judge will determine an equitable (which means “fair”) division of marital property between both spouses in a divorce.
If you believe that your spouse is hiding assets to keep you from getting all that you may be entitled to in your Kansas divorce settlement, you can take steps to bring the matter to the court’s attention. After reviewing evidence, a judge may decide to hold a spouse in contempt of court for lying about marital property.