Dividing marital property in a Utah divorce requires both spouses to honestly disclose what they own and what they owe. Most people do. But some don’t — and discovering that your spouse has been hiding assets, either during your divorce or after it’s final, is one of the most stressful situations a person can face in family law.
The steps available to you depend largely on when you discover — or suspect — the concealment. Acting early gives you the most options. But even if you learn about hidden assets after the divorce is final, you may still have recourse.
If You Suspect Your Spouse Is Hiding Assets During the Divorce
In Utah, divorcing spouses are required to complete financial declarations and initial disclosures, laying out assets, income, debts, and property for the purpose of calculating property division, alimony, and child support. This obligation to disclose is not optional. Spouses who hide assets during this process expose themselves to serious legal consequences.
If you suspect your spouse is not being honest, tell your attorney immediately — and explain specifically why you are suspicious. Your attorney can then take targeted action, including:
- Requesting an injunction that prevents either party from selling, transferring, giving away, or otherwise disposing of marital assets while the divorce is pending
- Conducting thorough discovery to investigate your spouse’s finances, including interrogatories, document requests, and depositions
- Recommending a forensic accountant, especially in cases involving a family business, self-employment income, or other complex financial arrangements
If the court finds that your spouse is actively concealing assets, it may award you a greater share of marital property than you would otherwise have received, along with reimbursement of the extra attorney fees incurred to uncover the misconduct. In the Utah case of Goggin v. Goggin, a ten-year marriage led to nearly a decade of contentious divorce litigation — largely because of concealment — before the court resolved the property division.
If You Discover After the Divorce That Your Spouse Hid Assets
Sometimes concealment is not discovered until after the divorce is final. A former spouse who was careful during the case may become careless afterward — showing off assets, making purchases, or posting on social media in ways that reveal what they previously denied having.
If this happens, you may be able to petition the court to reopen your divorce case. Utah courts will consider setting aside a judgment on grounds of fraud, misrepresentation, or other misconduct by the opposing party. If your spouse lied on their financial disclosures, in discovery responses, or at trial, those actions may be sufficient grounds.
A word of caution: reopening a closed case in Utah is difficult. Courts place a high value on finality — once a judgment is entered, there is a strong presumption that it should stand. To succeed, you will need clear evidence of the concealment, and you must act quickly. Courts look unfavorably on litigants who delay.
How to Build Your Case
Whether you are still in the divorce process or trying to address concealment after the fact, your attorney will need evidence. You can help by preserving and organizing:
- Emails, texts, or voicemails that suggest hidden accounts or income
- Social media posts showing assets, purchases, or a lifestyle inconsistent with disclosed income
- Screenshots of online activity that may reveal financial accounts or transactions
- Any financial documents you have access to — tax returns, pay stubs, bank or investment statements
Your attorney will assess what you have, advise you on what additional information may be obtainable through discovery or subpoena, and help you determine the best path forward.
Frequently Asked Questions
What counts as hiding assets in a Utah divorce?
Concealment can include failing to disclose bank accounts, investment accounts, or cash; underreporting income (common with self-employed spouses); transferring property to friends or family before or during the divorce; deliberately undervaluing business interests; and other deliberate attempts to deprive the other spouse of a fair share of marital property.
What can a court do if my spouse hid assets?
If concealment is discovered during the divorce, the court may award you a larger share of marital property and order your spouse to pay your additional attorney fees. If discovered after the divorce, you may be able to have the judgment reopened and the property division redone.
Can I hire an expert to find hidden assets?
Yes. A forensic accountant is specially trained to analyze financial records and identify irregularities that suggest concealment or undervaluation. Your attorney may recommend one, particularly in cases involving business interests, self-employment, or complex financial arrangements.
How long do I have to act if I discover hidden assets after the divorce?
You should act as quickly as possible. Courts favor finality and look unfavorably on delays. If you have reason to believe assets were concealed, contact an attorney promptly to evaluate your options before the window for relief closes.
What if my spouse hid a business interest or undervalued a business in the divorce?
Business valuation is one of the most common areas where concealment occurs. A forensic accountant or business valuator can assess whether the reported value reflects reality. If it does not, your attorney can pursue appropriate remedies through discovery or, if necessary, by seeking to reopen the judgment.
Contact Ashley Wood Law
If you suspect your spouse is hiding assets — or have discovered concealment after your divorce — do not wait. Based in Salt Lake City, Ashley Wood Law, P.C. provides experienced, strategic counsel for complex property division and divorce matters throughout Utah. Call (801) 459-3499 or contact us online at contact@ashleywoodlaw.com to schedule a consultation with a Utah divorce attorney.