Divorce and Hidden Assets

by: Jean Mahserjian

Not surprisingly, assets are often hidden in a divorce situation. Why - well simply greed, or the feelings of betrayal or anger at the need to divide assets in the divorce, or the fear of not having enough after the divorce all motivate the behavior of hiding assets. In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges. There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your psouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce. Before you alert your spouse that you are considering divorce, you need to complile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances. If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action. Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outsided of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance. If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce atttorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible. If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds. If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other idividual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld. About the author: Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com

How to Make a Prenuptial Agreement

Prenuptial Agreements: Protect Your Family Business

by: Hannibal Whitestone

Imagine this scenario. You have worked very hard to build up a small business for yourself. You are your own boss and your business is running quite successfully. The only thing missing from your life is someone to share it with. You finally meet that special someone and choose to get married. But before you make that step, you start to wonder about this life you have built for yourself. Does she really love me? Is he only after my money? These questions race through your mind. What can you do to make sure that you don’t lose everything you have worked so hard for? The answer lies in prenuptial agreements. In this day and age, owning a small business is not all that unusual. But the work behind it is just as hard now as it was in the past. And there are also more single people out there especially older people who have had longer to build up assets. There is also an increased amount of people out there who are looking for the quick buck and that, coupled with the higher divorce rate and ease of divorce, can make for a costly marriage. The best thing that a man, or woman, who has built themselves a successful business prior to meeting the right person can do is have their future spouse sign a prenuptial agreement. These agreements protect the owner of the business against gold diggers and anyone who is confident that their marriage will survive should have no problem signing one. On the other hand, if the person you are about to marry happens to be after you for your money as you so much feared, then they will likely refuse to sign and this will let you know that this “right” person is not so right after all. Now, imagine, working so many years making a name for yourself and putting aside money for your retirement and then meeting the woman of your dreams. You are swept off your feet and rush off and get married to a woman that you are so deeply in love with. Your marriage is so perfect and you couldn’t ask for anything more. Then several years down the road, she hits you with the request of a divorce. It seems to come out of absolutely nowhere and you are completely heartbroken. You go to court and end up having to fight for the one thing that you have worked hard at. You end up losing half of your money and your business to the woman whom you thought loved you. And she is laughing all the way to the bank. This was in her plan all along. Sacrificing a few years of her life meant nothing to get all that money. This doesn’t have to happen to you. You can do prenuptial agreements several ways, so consulting an attorney and getting it done the way that is right for you is important. Some prenuptials will allow the spouse to acquire some of the assets earned during the marriage years while others will leave all the assets to the business completely off limits. Make sure that you do your research so that the prenuptial agreement is done properly. Just because you have spent so many of your years building a successful business does not mean that you have to either spend your life alone or risk losing it all. Trust is a very important thing in a marriage, but there are so many people out there who are good at making you believe something that isn’t true. Everyone always says that it can’t happen to them, but truth is, it can happen to you and is more likely to if you are not prepared. About the author: Hannibal Whitestone makes it easy to find out if a prenuptial agreement makes sense for you. Visit http://www.prenuptial-agreement-info.comtoday and get the facts... because you're worth a lot more than you think.