I suspect that my soon to be ex-spouse is hiding money,how can I find out?

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I suspect that my soon to be ex-spouse is hiding money,how can I find out?

I will be applying for a divorce soon and think my spouse has a retirement plan which contains money, but I’m not completely sure. If my spouse does not disclose that the plan exists, is there a way that the courts may find out about the retirement plan?

Asked on October 26, 2018 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When you file for divorce, you are filing a legal case (lawsuit). In a lawsuit, there are mandatory (i.e. the other side must respond to them) legal processes to get information, like document production requestions, written interrogatories (questions), depositions, subpoenas to third parties for information or documents (such as to banks and bankers, financial advisors, brokers, accountants, etc.). So once you file, you (or preferrably) you lawyer may issue formal legal requests, backed up by the power of the courts, to get information regarding the retirement plan or other assets. But you or your lawyer have to take the initiative to do this; the court does not do it for you.


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