Is my spouse Hiding Assets?

By Matt Majeski, Minnesota divorce and family law attorney since 2008. Last reviewed October 2026.

Hiding assets during a divorce can be a big problem. It’s against the law. Still, some spouses try it anyway, and sometimes they get away with it.

In other cases, spouses simply overlook marital assets, even when neither one is trying to hide anything.

Red Flags that a spouse may be Hiding Assets

So how can you tell? Here are some possible red flags:

• One spouse managed the money during the marriage.
• You kept your finances separate during the marriage.
• Only one of you paid the household bills.
• A spouse doesn’t know about all of the marital assets or what they’re worth.
• Neither spouse knows what they’re entitled to in a divorce, or only one does.
• The same spouse always handled the taxes.
• Only one spouse worked outside the home.
• One spouse is self-employed. Without a W-2, it’s easier to underreport income.
• Your spouse has been quietly planning the divorce for some time.
• Bills, pay stubs, and account statements are hard to get from your spouse.
• Your spouse insists you don’t need financial documents and pushes you to just trust their word.
• One spouse wants to rush through the divorce.
• A spouse tries to convince the other that they don’t need a divorce lawyer.

Top Hidden and Overlooked Marital Assets

Besides watching for red flags, it helps to know which assets people hide most often. Usually, they’re valuable assets the other spouse can’t easily see, such as:

• Bank accounts
• Retirement accounts, especially pensions
• Real estate
• Valuable personal property, such as jewelry, electronics, firearms, and tools
• Cryptocurrency and online payment accounts (such as PayPal or Venmo balances)
• Business income, deferred bonuses, and stock options

Discovery: How to Uncover Hidden Assets in Divorce

In Minnesota, neither spouse may hide financial information during a divorce. In addition, the law gives you a process for getting it. Lawyers call that process discovery. It’s the required exchange of information between spouses. Discovery can be informal, formal, or both.

Informal Discovery

Informal discovery is the most common. In other words, one spouse simply asks the other for information about the assets. If the other spouse doesn’t cooperate, formal discovery is the next step.

Formal Discovery

In formal discovery, a spouse, usually through an attorney, serves legal documents that formally request information. For example, these may ask about specific assets. Typical tools include written questions a spouse must answer under oath (interrogatories) and requests for documents. Subpoenas to banks, employers, and other third parties are also common.

Formal discovery is usually much more thorough. However, the documents need careful drafting, and the procedures are precise.

If a spouse doesn’t respond, or responds only partly, the other spouse can ask the court to step in. That can include asking for sanctions.

Since mistakes in formal discovery can hurt your case, most people who go through it have an attorney.

Overall, Minnesota law discourages hiding assets by requiring both spouses to share relevant information.

Keep in mind that a judge can only divide the property the judge knows about. If some marital assets are missing from the list, the judge can’t make a fair division. Ultimately, it’s up to you and your lawyer to guard against hidden and overlooked assets.

What To Do If Spouse is Hiding Assets

Hiding assets is illegal. However, to get relief, you have to uncover the hidden asset. Then you have to prove to the court that your spouse:

• A. Transferred, borrowed against, concealed, or disposed of a marital asset,
• B. Without your consent,
• C. During the divorce or in contemplation of starting it, and
• D. Not in the usual course of business, to generate income, for the necessities of life, or to preserve assets.

(Minn. Stat. § 518.58, subd. 1a.)

If you can prove this, the court can compensate you. For example, it may award you a larger share of the remaining property. That way, you end up where you would have been if your spouse hadn’t hidden the asset. The court can also impose other sanctions.

How to Protect Yourself from Hidden & Overlooked Assets During Divorce

To protect yourself:

• Learn the difference between marital and non-marital property, and what you’re entitled to in a divorce.
• Know the common myths about marital property division.
• Watch for the red flags listed above.
• Know which assets are easiest to hide and most often overlooked.
• Take inventory of every marital asset and learn its correct value. A spreadsheet can help.
• Gather financial documents, and hire independent appraisers to value marital assets when needed.
• Use informal and formal discovery.
• Hire an attorney, ideally one who focuses on family law.

Take Away Messages

If you think your spouse is hiding assets, the best thing you can do is hire a divorce attorney. After all, a divorce attorney knows what to look for and how to uncover and prove hidden assets.

It may surprise you, but the risk of hidden assets is actually greater when a spouse has no attorney. That’s because attorneys must follow strict ethical rules, including honesty toward the court. Most will not risk their license to help a client hide assets.

Have another divorce or family law question? Then see our list of topics or the FAQ page.