Is Your Ex Hiding Assets? Know the Signs and Your Rights

by Special Counsel Gavin Lai
Last updated: October 2026

If you are worried your ex is hiding money, you are not being paranoid, and you are not powerless. As Brisbane family lawyers, we see this concern in property settlements all the time.

The short answer is this: your ex has a legal duty to disclose everything, and the law gives you real tools to test what they tell you. Since 10 June 2025, the duty of full and frank financial disclosure sits in the Family Law Act itself.

A family lawyer can demand documents, subpoena banks and other third parties, seek orders to stop assets being sold, and bring in a forensic accountant where the trail is complicated. If your ex is found to be hiding assets, the consequences for them can be serious.

This guide explains the warning signs, what the law now requires, how hidden assets are actually found, and what you can do today to protect your position in a property settlement.

Signs Your Ex May Be Hiding Money

No single sign proves concealment. But patterns matter, and these are the ones that most often justify a closer look:

Unexplained withdrawals or transfers around the time of separation, especially to relatives, friends or newly opened accounts.
A sudden drop in business income after separation, or a business owner who suddenly pays themselves far less on paper.
New “debts” to family members with no loan documents, or payments for bills you have never seen.
Bonuses, commissions or contracts that keep getting delayed until after settlement.
Assets shifted into a company or trust, or into someone else’s name. Our guide to family trusts in property settlement explains why this rarely works.
Cash, cryptocurrency or offshore accounts that never appear on a statement. Foreign holdings are still in play, as we explain in overseas assets and property settlement.
A lifestyle that doesn’t match the disclosure. New cars, holidays and renovations on an income that supposedly collapsed. Posts online can tell their own story, see social media in family law disputes.
Stalling. Missed deadlines, partial statements, and records that “can’t be found”.

In our experience, the biggest red flag is rarely a secret bank account. It is a financial story that keeps changing.

Financial Disclosure in Family Law: Your Ex’s Legal Duty (QLD and Australia-wide)

Every party to a property settlement must give full and frank disclosure of their financial circumstances. That has always been the rule. What changed in 2025 is how firmly it is anchored.

From 10 June 2025, the duty moved from the court rules into the Family Law Act 1975 itself: section 71B for married couples and section 90RI for de facto couples. The Attorney-General’s Department confirms in its fact sheet for separating couples that the reforms apply whether a settlement is decided by a court or negotiated outside it.

In practical terms, the duty means:

It starts early. It applies once a party is preparing to start a property case, including the pre-action stage, and continues until the matter is resolved.
It is ongoing. If your ex’s circumstances change, they must update their disclosure.
It is broad. It covers their total direct and indirect financial position: property, income, superannuation, liabilities and financial resources, including interests held through companies, trusts or other people.
No one can claim ignorance. Lawyers and family dispute resolution practitioners must now tell separating parties about the duty and the consequences of breaching it.

The documents usually exchanged include tax returns and notices of assessment, bank, credit card and loan statements, superannuation statements, payslips, and the financial statements and tax returns of any company or trust a party controls. The Court’s own duty of disclosure brochure sets out the obligations in more detail.

Not everything is owned outright, either. A discretionary trust interest or an expected inheritance may be treated differently from property, which is why it helps to understand what a financial resource is.

How a Brisbane Family Lawyer Uncovers Hidden Assets

Finding hidden money is rarely dramatic. It is methodical work, usually done in this order:

Map the financial history. We start with what you already know: accounts, properties, businesses, super funds, vehicles and spending patterns. Old loan applications are especially useful, because people tend to describe their wealth generously to a bank.
Make targeted disclosure requests. Rather than asking for “everything”, we request specific documents for specific periods, with a deadline. Vague requests invite vague answers.
Test the sworn numbers. Once proceedings start, each party files a Financial Statement. We compare it line by line with the documents. Gaps between the two are often where the money is.
Issue subpoenas. In court proceedings, documents can be obtained directly from banks, employers, accountants, share registries, super funds and Australian-based crypto exchanges. Your ex no longer controls what you see.
Request superannuation information. A separating spouse can request details of the other party’s super interests from the fund itself, so balances don’t depend on your ex’s word.
Bring in a forensic accountant. Where there is a business or a trust, an expert can trace funds, test claimed expenses, and assess true earning capacity and value.
Seek orders for specific disclosure. If your ex still holds back, the Court can order them to produce particular documents or answer particular questions.

Most of this work never reaches a trial. Once a party realises the documents will surface anyway, the incentive to hide usually disappears, and negotiation becomes far more honest. That is one reason we resolve over 95% of matters out of court. If things do escalate, our guide on what to expect in the family court process walks you through the next stage.

What If Your Ex Moved Money Before Separation?

Moving money before or after separation does not put it beyond the Court’s reach. It does, however, change how the issue is argued, and the law here shifted significantly in 2025.

The end of “add-backs”

For decades, money one party spent or gave away could be notionally “added back” to the asset pool, as if it still existed. Courts no longer take that approach. In Shinohara & Shinohara [2025] FedCFamC1A 126, the Full Court held that under the amended section 79, only property that actually exists goes into the pool. The High Court refused special leave to appeal on 6 November 2025. A refusal of special leave is not an endorsement of the reasoning, but Shinohara is the first appellate decision to explain how notional add-backs are treated under the amended legislation, and it is the guidance courts are now working from.

This does not mean the money is forgotten. It means it is dealt with differently.

Wastage now has its own factor

Since 10 June 2025, the Act expressly lets the Court consider wastage. Where a party intentionally or recklessly caused material wastage of property or financial resources, the Court can weigh its effect on each party’s current and future circumstances (section 79(5)(d)). In plain terms, money your ex burned through or moved away can shift the percentage you receive of what remains. Ordinary living costs and reasonable legal fees are not automatically wastage, so the evidence of where the money went matters more than ever.

Undoing transactions

Under section 106B, the Court can set aside a transaction made to defeat an existing or anticipated order, or one likely to defeat it regardless of intention. A house transferred to a sibling for $1, or a loan suddenly secured against the family home, are classic examples.

Stopping it before it happens

If you fear your ex is about to sell, transfer or borrow against an asset, the Court can grant an injunction under section 114 to preserve it. You will need objective evidence of a real risk, and speed matters. These applications are often made urgently, sometimes before any other step in the case.

Speak to a family Lawyer today

The more detail you provide, the better we can assess your enquiry and direct it to the right person.

What Happens If Your Ex Is Caught Hiding Assets?

Hiding assets is rarely as clever as people think, and the Court has a range of responses:

Adverse findings. Where a party fails to disclose, the Court can infer the asset pool is larger than they claim and divide it on that basis. This principle goes back to long-standing authority such as Weir & Weir (1993).
A less favourable split. Non-disclosure can be taken into account in deciding what orders to make.
Costs orders. The party who forced the extra work may have to pay for it.
Contempt of court. In serious cases, this can mean a fine or even imprisonment.

What if you only find out after settlement?

A finalised settlement is not necessarily the end. Under section 79A, property orders can be set aside where there has been a miscarriage of justice through fraud, false evidence or suppression of evidence, which expressly includes failing to disclose relevant information. A binding financial agreement can also be set aside if it was obtained by fraud, including non-disclosure of a material matter. These applications are fact-specific, so get advice promptly once you discover the problem.

What You Can Do Right Now (and What to Avoid)

You don’t need proof to take the first steps. You need a clear record and good timing.

Do:

Write down everything you know: banks, account names, approximate balances, properties, businesses, super funds, vehicles and crypto.
Keep copies of documents you are lawfully entitled to, such as joint statements, records in your own name and shared household paperwork.
Note the dates and amounts of any transfers that worry you.
Check your time limit. Married couples generally have 12 months from the date a divorce order takes effect, and de facto couples two years from separation. Outside those windows, you need the Court’s permission.
Get advice early, particularly if an asset may be sold soon. Our guide on what to do before you file for divorce covers the wider first steps.

Avoid:

Accessing your ex’s email, phone or online banking without permission. It can expose you to criminal or civil liability, and the evidence may be excluded or turned against you.
Moving money yourself in response. Your duty of disclosure is exactly the same as theirs.
Tipping your ex off before protective steps are in place, or signing anything under pressure.

If your ex has also cut off financial support, you may be entitled to interim help. See our spousal maintenance FAQs. The same principles apply to de facto couples, as explained in our guide to de facto property rights.

When Hiding Money Is Financial Abuse

Sometimes hidden money is part of a longer pattern: being kept out of financial decisions, given an allowance, or denied access to accounts in your own name. That is not just unfair. It can be family violence.

Since June 2025, the Act more clearly recognises economic and financial abuse as family violence, and the Court must consider the economic effect of family violence on a party’s current and future circumstances where relevant.

If this sounds familiar, our domestic and family violence lawyers can help you protect yourself and your financial future at the same time.

Frequently Asked Questions

Can a lawyer find hidden bank accounts in Australia?

Often, yes. Transfers leave a trail, and subpoenas can be issued to banks and other institutions once proceedings are on foot. Tax returns, loan applications and business records frequently point to accounts a party never mentioned.

What happens if my ex lies on their Financial Statement?

A Financial Statement is sworn. False information can lead to adverse findings, costs orders and, in serious cases, contempt of court. It also badly damages your ex’s credibility on every other issue.

My ex moved money before we separated. Can I get it back?

Possibly. Since Shinohara, the money is not added back to the pool, but the Court can weigh intentional or reckless wastage when deciding the split, and can set aside transactions designed to defeat your claim.

Do I need to go to court to get proper disclosure?

Not always. The duty applies before proceedings start, and firm, targeted requests often resolve the issue. If they don’t, court tools such as subpoenas and disclosure orders become available. Our article on what happens if mediation fails explains that path.

Can I reopen my property settlement if I find hidden assets later?

In some cases. Section 79A allows orders to be set aside for fraud or suppression of evidence, including non-disclosure. Act quickly once you discover the problem.

Is there free help if I can’t afford a lawyer?

If your matter is less complex and you meet the means test, Legal Aid Queensland may fund property mediation and arbitration. For broader questions, see our property settlement FAQs.

Worried Your Ex Is Hiding Money? Speak With a Brisbane Family Lawyer

Suspecting that your ex is hiding money is exhausting. You may feel you are always one step behind. The good news is that the law is firmly on the side of transparency, and with the right strategy, the truth usually comes out.

At Emerson Family Law, we act in complex property settlements involving businesses, trusts, overseas assets and difficult disclosure. We will help you work out what is missing, howit’ to find it, and how to protect what is yours, ideally without ever setting foot in court.

Request a confidential consultation at a fixed, pre-agreed fee, in person at our North Quay office in Brisbane or by Teams. The fee also covers any written advice you need afterwards.

This article is general information only and is not legal advice. Your situation will turn on its own facts, so please seek advice before acting.