During a divorce am I intitled to any money from my husband’s secret bank account?

I just discovered that my husband has secret bank account and he has been sending money to his adult child, who does not work to the best of my knowledge, for at least 5 years. Since I was not aware of this, will the courts have him back pay me since this money should have been for us vs his son?

Asked on June 23, 2016 under Family Law, District of Columbia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Maybe.  If your divorce has already been finalized, then depending on how your final decree is worded, you may or may not be entitled per the decree.  If you were induced to sign a decree by fraud by omission, you may be able to petition the court for a new trial.  However, these remedies tend to have tight timelines.... so you need to visit with your attorney asap to determine if (1) the remedy is cost effective and (2) a re-opening of your case would be cost effective.
If your divorce has not yet been finalized, then it needs to be addressed before it's finalized so that you get a share of what is in the bank account if you are entitled.  If the account is derived from community funds, then you would be entitled to a portion of the funds.  If the funds are deemed separate property funds, then you may not be able to make a claim.  How the fund came to be in the account is what determines whether you get a share.


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