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Contested Divorce

What can you do if your spouse won't disclose their finances?

Full financial disclosure is a legal obligation in divorce proceedings, not a courtesy. Courts in both countries take non-disclosure very seriously and have real tools to address it — including compelling production, drawing adverse inferences, imputing income, awarding costs, and in serious cases setting aside a settlement reached on false information.

What to do next

  1. Gather what you can lawfully access

    Collect tax returns, bank and investment statements, business records, and property documents you already have legitimate access to. Do not hack accounts or take documents you have no right to — improperly obtained evidence can rebound on you.

  2. Use the formal disclosure process

    Divorce proceedings include mandatory financial disclosure with defined obligations. Your lawyer can compel production and seek court orders where disclosure is incomplete.

  3. Escalate with professional help

    Where significant assets or a business are involved, a forensic accountant can trace funds and value interests. Courts can impute income where disclosure is inadequate.

Frequently asked questions

Is my spouse legally required to disclose?

Yes. Financial disclosure is a core obligation in family proceedings in both the US and Canada, and failing to comply carries consequences.

What happens if they're caught hiding assets?

Courts can order production, draw adverse inferences, impute income, award costs against them, and set aside agreements reached on incomplete or false disclosure.

Can I access their accounts to get proof?

No. Accessing accounts without authorization can be unlawful and may damage your case. Use the formal disclosure process through your lawyer instead.

Is a forensic accountant worth it?

Where there's a business, complex holdings, or significant assets at stake, frequently yes — the cost is often small relative to what accurate valuation recovers.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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