By: Andy Scholz and Heather Rooney McBride
Divorce is hard enough on its own, but when one spouse has been hiding money or keeping financial secrets, the process becomes even more complicated. This type of behavior is commonly known as financial infidelity. It happens when one partner conceals spending, debts, or assets from the other. For example, a spouse may secretly run up credit card balances, maintain a hidden bank account for a secret paramour, or siphon funds into undisclosed investments.
Financial infidelity is not rare. A 2023 national survey reported that about two in five adults admit to hiding financial information from their partner.[1] In Missouri divorces, attorneys frequently encounter cases where a spouse has quietly shifted funds or withheld documents. The impact is significant: not only does it undermine trust in the marriage, but it also impacts how property, debts, and support are decided in court.
When a marriage ends, both spouses are legally required to disclose all assets, debts, and income. In Missouri and most other states, courts follow an equitable distribution system, which means marital property is divided fairly, though not always equally. If one spouse has wasted or hidden assets, the judge can adjust the property division to make up for the loss. In some cases, the court may award the entire value of the hidden asset to the innocent spouse.
Beyond property division, financial infidelity can influence rulings on spousal support and child support. Missouri courts take this very seriously. Hiding assets under oath can amount to fraud or even perjury. In addition to financial penalties, a dishonest spouse could face criminal consequences. If a spouse lies about income, it could lead to an unfair support order. Judges also consider honesty and credibility—so a spouse caught hiding money may find that their testimony carries less weight across the entire case. The takeaway is clear: concealing money in a divorce is both unlawful and unwise.
Family law attorneys have several tools to uncover financial infidelity. During the discovery process, each side is required to provide detailed information about their finances. If one spouse suspects the other is hiding something, attorneys can take further steps, including:
1) Interrogatories and document requests: Written questions and demands for copies of bank statements, tax returns, and other records, all answered under oath.
2) Subpoenas/notices of deposition: Legal orders sent directly to banks, employers, or credit card companies to obtain information directly from third parties that the spouse may have withheld.
3) Sworn depositions: Sworn testimony where attorneys ask questions face-to-face and under oath.
4) Forensic accounting: Financial specialists who track funds, uncover hidden accounts, and analyze spending patterns.
These methods are designed to ensure that both spouses have a complete and accurate picture of the marital finances.
If you suspect financial infidelity in your marriage or divorce, it is important to act quickly and carefully. Start by gathering any records you have access to—such as tax returns or past bank statements—and share your concerns with your attorney. Do not attempt to hack into accounts or take matters into your own hands. A family law attorney can use proper legal channels to uncover the truth and protect your interests.
On the other hand, if you have made financial mistakes yourself, disclosure is the better strategy. Coming forward honestly is far safer than being caught later. Courts may show lenience for candor, but deception almost always leads to harsher consequences.
Financial infidelity is more than just hidden dollars; it is a breach of trust that carries real consequences in the process of divorce. Missouri law, like the laws of most states, requires full disclosure and allows judges to penalize spouses who try to cheat the system. While the discovery process can feel daunting, it exists to protect you and ensure a fair outcome.
If you are facing divorce and suspect your spouse has been hiding money, or if you want guidance on how to handle your own financial missteps, our legal team can help. With experience in uncovering hidden assets and navigating complex divorces, we are committed to protecting our clients’ financial futures. Contact Rooney McBride & Smith, LLC for your free family law consultation today!
[1] Bankrate, “2023 Financial Infidelity Survey,” February 2023.