Being involved in a contentious divorce can be frustrating, overwhelming, and complicated on its own before you factor in the possibility that your spouse is hiding assets from you. Not only is hiding assets in a divorce considered a crime in Texas, but it can also have a terribly negative effect on the divorce settlement. The court will immediately vilify the spouse who was hiding assets. An experienced Texas divorce lawyer can help you find out if your spouse is doing this.
There is a certain degree of trust, respect, and integrity that the court expects from both spouses during the divorce process. When somebody disrespects the court deliberately, they can almost always expect to see a contempt of court charge coming their way. Hiding assets in a divorce is seen as profoundly disrespectful to the court. It shows an unwillingness to compromise and a willingness to play dirty. It also tilts the settlement very much in your favor.
Dividing Assets in Texas
In a Texas divorce, assets are divided in accordance with community property laws. Everything acquired during the marriage is considered community property, and all of that is generally split evenly down the middle. Any property acquired before the marriage is separate property not subject to division. Community property includes bank accounts, real estate, investments, and retirement savings. The court may try to fairly split the property instead of splitting it 50/50.
It’s not uncommon for one spouse to conceal a hidden savings account with the hope that it does not get uncovered during discovery. Despite it being common, that doesn’t make it any less illegal. Important decisions for your divorce must be made following strict protocols. When assets are divided, each spouse is expected to provide a detailed list of their finances and personal assets. Deliberately leaving anything out may be considered hiding assets.
There’s nothing wrong with protecting yourself or your finances, but you can’t do that by hiding assets from the court or from your partner. That will only result in potential criminal charges and an unfavorable divorce settlement. According to the CDC, Texas has one of the lowest divorce rates in the entire country, at only 1.9 per 1,000 residents. It also sports a fairly average marriage rate, according to the World Population Review, which is only 49.3% as of 2025.
If you are struggling with your divorce, you may want to consider reaching out to a local support group, such as one of the many national chapters of DivorceCare, to talk through everything you are feeling. Having someone to talk to who understands what you’re going through can make a huge difference in how effectively you can cope.
Warning Signs
Unfortunately, if your spouse is very good at keeping secrets from you, you may not have any signs that they are hiding assets from you. Generally, though, there are certain behaviors that may indicate financial problems in your household. Here are some potential signs that your spouse is hiding assets from you:
- Financial control: If your spouse has insisted on being the only one who handles the finances in your marriage, that may be a glaring sign that they are hiding things from you regarding your finances, particularly if you share joint finances. If your spouse won’t even let you look at your account balance, that may be considered financial abuse. If your name is on the account, try to access it through the bank and see for yourself.
- Financial secrecy: There is nothing inherently taboo or uncomfortable about talking about money. If your spouse has tried to convince you that talking about money is wrong or inappropriate, they may be hiding something important from you. They may be gaslighting you into thinking you’re in the wrong for even asking about it.
FAQs
Q: Is It Legal to Investigate My Spouse’s Finances?
A: Yes, it is perfectly legal to investigate your spouse’s finances, especially during a divorce. You should be as informed as possible about your partner’s financial foothold in your life. Just make sure you launch this investigation through legal channels, beginning with your own divorce lawyer. They may be able to recommend private investigators and forensic accountants who can help you. Don’t break the law trying to find out if your partner has broken the law.
Q: What Is One Important Sign That My Partner Is Hiding Assets?
A: Since every marriage is different, there may be different signs that your partner is hiding assets. What could be a glaring sign to you could be something easily worked through by another couple. Generally, one of the more common potential signs of hidden assets is secrecy regarding money. In a healthy relationship, both partners can freely talk about money. If your partner is secretive about it, they may be hiding something from you.
Q: Is It Illegal to Hide Assets in a Texas Divorce?
A: Yes, it is illegal to hide assets in a Texas divorce. If your spouse is caught lying to the court about their assets and deliberately hiding secret accounts or property from you, they may end up facing criminal charges on top of a contempt of court charge. Additionally, they may now be seen as the bad guy in your divorce, which can seriously hurt their chances of a favorable settlement in asset division and spousal support.
Q: Can Hiding Assets Affect Child Custody in Texas?
A: Yes, hiding assets can absolutely affect child custody arrangements in a Texas divorce. The Texas family courts view hiding assets as a form of fraud, which can then bring criminal charges. The court may view hiding assets as a revelation regarding your spouse’s true character, and that can influence the custody arrangement. You could end up with a much more favorable custody arrangement because of your spouse’s own actions.
See a Lawyer Today
At Stange Law Firm, we can assist you in investigating your spouse for any hidden assets. Contact us to speak to someone about the many ways we can help your divorce case.
