5. What happens if I realize after separation that my former spouse had undeclared income or assets?
If undisclosed income or assets are discovered after separation, the available remedies depend on
the stage of the case.
If no final agreement or order has been made, the spouse may seek:
updated financial disclosure;
sworn financial statements;
production of bank, investment, corporate, tax, and accounting records;
questioning or examination;
business valuation;
income determination;
forensic accounting;
preservation orders; and
adverse inferences.
If a final separation agreement or court order has already been made, the issue becomes whether
the non-disclosure was material and whether it affected the outcome. A court may set aside or
vary certain agreements or orders where there was significant non-disclosure, misrepresentation,
fraud, or failure to provide full and accurate financial information.
Full financial disclosure is central to equalization, support, and business valuation disputes.