What can I do if I think my spouse is hiding assets in our equalization process?

If you suspect your spouse is hiding assets or undervaluing property in the equalization process, Ontario family law courts have strong tools to address this. You can require your spouse to provide full financial disclosure through sworn financial statements and supporting documents. If they refuse or provide incomplete information, you can bring a motion to compel production.

Courts also have power to draw adverse inferences — assuming that hidden or undisclosed assets exist and attributing a value to them — which can significantly increase the equalization payment your spouse owes. If fraud or deliberate non-disclosure is established, a court can set aside a settlement reached on that basis.

Discovery tools like examinations for discovery, subpoenas for financial records from banks and third parties, and forensic accounting can all be used when assets are suspected to be hidden. These processes add time and cost, but they are often necessary. A family law lawyer can advise on which steps make sense given the likely size of the hidden assets versus the cost of pursuing them.