Hiding Assets in DivorceIn Florida divorce, judgments and marital settlement agreements can be set aside on various grounds, including fraud. Divorce fraud has become very common, and I’ve written on the subject before. One of the areas ripe with fraud is hiding money in a divorce. In certain cases, Florida allows you to challenge and vacate or modify a marital settlement agreement if the agreement was based on things like fraud, deceit, duress, coercion, misrepresentation, overreaching. Additionally, Florida courts have allowed challenges to agreements where the marital settlement agreement makes unfair or unreasonable provision for the challenging party given the circumstances of the case.
Judgments may also be overturned because of fraud and fraud on the court. The thinking is that cheaters should not be allowed to prosper, and it has long been central to our legal system.Florida rules of court expressly allow you to get some relief from a judgment if it was the product of fraud, misrepresentation, or other misconduct of an adverse party. Courts have available to them all kinds of sanctions, in a wide variety of shapes, attempting to encompass the virtually limitless ways people in divorce manage to misbehave.
Truth or Consequences?According to the article, actress Tisha Campbell-Martin is asking a judge to take legal action against her husband for hiding money during the divorce. She originally filed for divorce in February, after 20 years of marriage. The couple separated in December of 2016. She is seeking alimony from her husband, and allegedly wants to block the court’s ability to award him spousal support. What are some of the remedies the judge in Campbell-Martin’s case can consider?
If you lie during the divorce process, during your deposition for example, in order to hide assets, you may have committed perjury – which is a crime. Also, if your lies are discovered by your spouse, your spouse’s attorney, or a judge, you may face severe sanctions.Similarly, if you don’t properly report your assets on your financial affidavit or fail to disclose financial information to your spouse during a divorce, a court can order you to do so. If you defy the court when it, for example, orders you to share account balances and the location of money, you can be held in contempt of court. The TMZ article is here.