5/14/2015

What should I do if marital assets emerge after the divorce?


The divorce process for many couples includes a deeply involved discussion about a couple’s finances and assets. That discussion aims to ensure that the couple’s assets are equitably divided so that both individuals can move on from the divorce on level financial footing. In some cases, one half of a couple may discover after the divorce is finalized that their former spouse hid assets from them and the court, which can be both a frustrating and alarming experience.
If you discover that your ex hid money or other assets from the court, you may have a handful of opportunities to ensure you get a share of them.
One of the first things you should do if you discover hidden assets is contact your attorney, who is trained to help you navigate the judicial process and will help you evaluate your options. He or she may advise you that it will be worthwhile to file a secondary lawsuit or a post-judgment motion for the judge to reconsider the divorce decree. If your ex deliberately hid the assets during the divorce process, he or she may be subject to punitive, or additional, damages.
Keep in mind that if you discover hidden assets, there may be time limits on bringing those assets to the attention of the court.  It is not advisable to wait long after discovering such assets to speak with an attorney, as by waiting you may be waiving certain options.

Regardless of why he or she hid assets, keep in mind that any reconsideration of your finances will still result in an equitable division, which does not necessarily mean equal division. Thus, it’s important for you to speak with an attorney to determine whether a lawsuit makes sense. 

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