Hidden Assets in Florida Divorce: How They’re Found

By Nadia Pazos, Family Law Attorney, Pazos Law Group · May 2026  ·  ← All blog posts

Which Florida Statutes Govern Equitable Distribution? (§ 61.075, as amended by ch. 2024-237)

Property division runs through Fla. Stat. § 61.075(1), which requires the court to begin from an equal split. The 2024 amendment (ch. 2024-237, effective 1 July 2024) added the closely-held-business valuation rules. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.075(1) — requires the court to set apart each spouse’s nonmarital property and to begin distribution from the premise that it should be equal, absent justification for an unequal split.
• § 61.075(1)(a)–(j) — lists the factors that can justify an unequal distribution, including contributions, economic circumstances, duration, career interruption, and the desirability of keeping a business intact.
• § 61.075(1)(i) — makes intentional dissipation, waste, depletion, or destruction of marital assets a factor when it occurs after filing or within 2 years before filing.
• § 61.075(3) — requires specific written findings identifying nonmarital assets, valuing significant marital assets, and assigning liabilities in any contested case without a stipulation.
• § 61.075(5) — permits an interim partial distribution on a sworn motion showing extraordinary circumstances.
• § 61.075(6)(a)1.b — makes the enhancement in value and appreciation of a nonmarital asset marital when it results from either party’s marital effort or the expenditure of marital funds.
• § 61.075(6)(a)1.c — supplies the coverture-fraction formula for the marital share of passive appreciation where marital funds paid down a mortgage on nonmarital real property.
• § 61.075(6)(a)1.e — makes all vested and nonvested retirement, pension, profit-sharing, annuity, deferred compensation, and insurance benefits accrued during the marriage marital assets.
• § 61.075(6)(a)1.f — sets fair market value as the standard of value for a closely held business and makes enterprise goodwill a marital asset the court must value.
• § 61.075(6)(a)2. — presumes real property held as tenants by the entireties is marital, whenever acquired.
• § 61.075(6)(b) — defines nonmarital assets: premarital property, noninterspousal gifts and inheritances, income from nonmarital assets not treated as marital, and assets excluded by valid written agreement.
• § 61.075(7) — fixes the cut-off date for classification as the earlier of a valid separation agreement or the filing of the petition, while leaving the valuation date to the judge.
• § 61.075(8) — presumes assets acquired and liabilities incurred after the date of marriage are marital, rebuttable by a showing to the contrary.
• § 61.075(9) — permits equitable distribution without regard to alimony, with alimony considered afterward.
• § 61.075(11) — abolishes special equity, which must now be pleaded as unequal distribution or as enhancement in value.
• § 61.076 — governs the distribution of retirement, pension, profit-sharing, annuity, and deferred compensation plans.
• § 61.16 — governs attorney’s and expert fee awards, including forensic accounting costs.
• § 61.08(1)(a) — governs the alimony forms considered after the estate is divided.
• Thompson v. Thompson, 576 So. 2d 267 (Fla. 1991) — the Florida Supreme Court decision on enterprise goodwill in a professional practice.
• Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010) — the Florida Supreme Court decision on the marital share of passive appreciation, now codified at § 61.075(6)(a)1.c.
• § 61.021 — requires 6 months of Florida residency before the petition that fixes the classification cut-off date.
• § 61.052 — supplies the ground — an irretrievably broken marriage — for the dissolution in which the estate is divided.
• § 61.19 — bars entry of the final judgment dividing the estate until at least 20 days after the petition is filed, absent a showing that the delay would cause injustice.
• § 61.071 — authorizes temporary support and suit money while valuation and financial discovery proceed.
• § 61.30(2) — supplies the net income definitions applied when a divided asset produces income.
• § 61.14 — equitable distribution is final once entered, while support obligations remain modifiable under this section.
• § 44.102(2)(c) — refers parenting disputes to family mediation, the forum in which most property settlements are also negotiated.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)

“If there is goodwill separate and distinct from the continued presence and reputation of the owner spouse, it is considered enterprise goodwill, which is a marital asset that must be valued by the court.” — Fla. Stat. § 61.075(6)(a)1.f

“The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” — Fla. Stat. § 61.075(7)

“The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” — Fla. Stat. § 61.075(1)(i)

Answers to the Questions the Statute Actually Decides

Does Florida split everything 50/50 under § 61.075(1)?

Not automatically. The statute requires the court to begin from the premise of an equal distribution, then permits an unequal split where the factors in paragraphs (a) through (j) justify it. Nonmarital property is set apart first and is not divided at all.

What date fixes whether an asset is marital under § 61.075(7)?

Classification is fixed at the earliest of a valid separation agreement, a date the agreement expressly sets, or the filing of the petition. Valuation is a separate question — the same subsection lets the judge pick whatever valuation date is just and equitable, and different assets may be valued on different dates.

Is business goodwill divisible in a Florida divorce?

Enterprise goodwill is. § 61.075(6)(a)1.f, added by ch. 2024-237 effective 1 July 2024, makes goodwill that exists separate and distinct from the owner spouse’s continued presence and reputation a marital asset the court must value. The statute uses the term “enterprise goodwill”; the phrase “personal goodwill” appears nowhere in it.

What happens if a spouse wastes or hides marital assets?

§ 61.075(1)(i) makes intentional dissipation, waste, depletion, or destruction of marital assets a statutory factor supporting an unequal distribution, and it reaches conduct within the 2 years before the petition was filed, not just conduct after filing.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.

Florida law requires both spouses to fully disclose their finances during divorce. When one spouse tries to hide assets, forensic accountants, formal discovery, and court-ordered remedies usually find them — and the consequences are serious.

Hiding assets in a Florida divorce is more common than people think and harder to get away with than people assume. The combination of mandatory financial disclosure, modern forensic accounting tools, formal discovery, and significant judicial penalties means that determined searches usually succeed. This article explains how hidden assets are found and what happens when they are.

Florida’s Mandatory Disclosure Rule

Under Florida Family Law Rule of Procedure 12.285, both spouses in a Florida divorce must complete a mandatory financial affidavit and exchange a defined set of financial documents. The affidavit is signed under penalty of perjury and is filed with the court.

Required disclosures include:

• The most recent 3 years of personal and business tax returns.
• Bank statements for the past 12 months.
• Investment and retirement account statements.
• Most recent year of credit card statements.
• Mortgage statements and deeds.
• Loan applications submitted in the past 12 months (these often reveal previously undisclosed assets).
• Pay stubs from the past 3 months.
• Other financial documents specified in the rule.

Falsifying or omitting information from this disclosure has serious consequences, including criminal exposure for perjury.

Common Tactics Used to Hide Assets

Hiding tactics fall into a few recognizable patterns:

1. Cash transactions and undisclosed accounts

Withdrawing cash and placing it in accounts not in the spouse’s name, in safe deposit boxes, or held by friends or family. Often discoverable through bank statement analysis showing unusual cash withdrawals.

2. Underreported business income

Self-employed spouses or business owners may run personal expenses through the business, defer revenue, or pay relatives as “employees.” Forensic accountants compare reported income to lifestyle and to industry norms to identify discrepancies.

3. Transfers to friends or family

Transferring money or property to a relative or friend with the understanding it will be returned after the divorce. These transfers are often reversible under Florida’s fraudulent transfer principles.

4. Cryptocurrency holdings

Crypto wallets and exchange accounts that aren’t reported. Forensic accountants now have tools to trace crypto transactions through wallet analysis and exchange subpoenas.

5. Overpayment of taxes or debts

Creating “refunds” or paying down debts beyond required amounts to reduce the apparent value of the marital estate, with the intent of recovering the funds after the divorce.

6. Delayed bonuses, commissions, or equity vesting

Employed spouses sometimes ask employers to delay bonus or commission payments, or to delay equity vesting, until after the divorce is final.

7. New “business expenses” or unnecessary purchases

Buying high-value items (art, vehicles, jewelry) that can be undervalued or hidden, or claiming a property as a business expense to reduce its apparent value.

How Hidden Assets Are Found

Forensic accountants

A forensic accountant is a CPA with specialized training in tracing funds and uncovering hidden assets. They review tax returns, bank records, business records, lifestyle, and asset declarations to identify discrepancies. Forensic accounting is the most powerful tool in finding hidden assets.

Lifestyle analysis

Comparing reported income to actual lifestyle. If a spouse reports $100,000 in income but maintains a $1.2 million home, drives a $150,000 car, and takes international vacations, the math doesn’t work. Lifestyle analysis builds a profile of actual spending and identifies the gap.

Tax return analysis

Tax returns reveal sources of income, business interests, foreign accounts, and capital gains. They are signed under penalty of perjury, and discrepancies between the marital affidavit and the tax return create powerful leverage.

Loan applications

Loan applications are often filed when a spouse needs credit. They list assets to qualify. A spouse who claimed $50,000 in assets on a divorce affidavit but $2 million on a loan application has a problem.

Subpoenas

Banks, brokerages, employers, business partners, accountants, and other third parties can be subpoenaed for records. Third-party records are often more reliable than what the spouse provides directly.

Depositions

Sworn testimony under oath, with attorneys asking detailed questions about finances. Depositions often catch inconsistencies that paper records alone miss.

Public records

Property records, business filings, court records, and corporate registrations can reveal assets the spouse didn’t disclose. These are searchable in Florida and elsewhere.

Consequences of Hiding Assets

Florida courts treat asset hiding seriously. Consequences include:

• Unequal distribution. Under Fla. Stat. § 61.075, the court can award an unequal distribution of marital property based on intentional dissipation or hiding of assets.
• Award of the hidden asset to the other spouse. A court can award 100% of a hidden asset to the innocent spouse.
• Attorney fees and costs. The hiding spouse can be ordered to pay the other spouse’s attorney fees and forensic accounting costs.
• Contempt of court. Failure to comply with disclosure orders can result in contempt sanctions, including monetary penalties and, in extreme cases, jail time.
• Reopening the case. If hidden assets are discovered after the final judgment, Florida law allows the case to be reopened.
• Criminal exposure. Lying on a financial affidavit signed under penalty of perjury is a crime under Florida law.

If You Suspect Your Spouse Is Hiding Assets

• Tell your attorney immediately.
• Gather what documents you can access legally.
• Do not break into accounts or systems you don’t have authorized access to — this can create criminal exposure for you.
• Be prepared to retain a forensic accountant. Their fees are often awarded by the court if hidden assets are found.

The Bottom Line

Most hidden assets are found. Florida’s mandatory disclosure rules, the power of forensic accounting, and significant judicial penalties combine to make hiding very difficult. If you suspect your spouse is hiding assets — or if you’re considering doing so yourself — the right answer is to talk to a family law attorney about how the law actually works.

Frequently Asked Questions

Related Reading

• Florida Divorce Financial Affidavit Guide (Form 12.902)
• Dissipation of Marital Assets — Fla. Stat. § 61.075(1)(i) and the 2-Year Lookback
• Forensic Accountants in Florida Divorce
• High-Net-Worth Divorce — Complete Guide
• Divorcing as a Florida Business Owner
• Florida Family Law Glossary — 32+ Plain-English Definitions
• How Business Assets Are Divided in a Florida Divorce
• Who Gets the Marital Home in a Florida Divorce?
• How Much Does a Divorce Cost in Florida in 2026?
• When personal spending runs through the business
• Tracing retirement and deferred-compensation accounts

Get Help in Your City

Pazos Law Group represents clients throughout South Florida:

• Coral Gables Divorce Attorney
• Doral Divorce Attorney
• Brickell Divorce Attorney

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.