Legal Question in Family Law in California
I recently finalized a divorce after my wife and I were basically broke due to her spending. I now discovered my ex wife had hidden money in her mother's account while I was overseas with the military. Is there anything I can do about it now that the divorce is finalized? Can I report it to the IRS at the very least? We are talking about roughly 40k that she had tucked away prior to filing for divorce...
2 Answers from Attorneys
Assets not disclosed in the process of a dissolution may be divided by the court when subsequently discovered. If the money in the bank account is community property which was hidden from you during the marriage and/or the dissolution, there are possible penalties, in the division of the funds, which your ex-spouse may have to pay to you when the funds are divided. You should consult with an attorney and get specific legal advice.
To add to the above answer:
You should file a motion in the court where your divorce was completed to ask for the omitted asset to be divided. If your wife intentionally hid this resource from you, she has breached her fiduciary duty. The court has the power to impose penalties for this behavior including awarding the entire asset to you as a penalty for her misconduct.
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