When I represent someone divorcing a self-employed spouse who may be hiding money, I often look for what I call a “disaffected former employee.”
That might be a former bookkeeper, personal assistant, business partner or longtime employee who knows how the business actually operated.
These people may know where the financial skeletons are buried.
Jennifer Weisselberg was once married to Barry Weisselberg, the son of longtime Trump Organization financial executive Allen Weisselberg.
In 2021, she publicly discussed her former family’s financial arrangements and provided investigators with financial records from her marriage.
She was not a former Trump Organization employee. She was something different: A “disaffected former relative.”
Her situation illustrated an important lesson that also applies to divorce cases.
Sometimes the person with the most useful financial information is not your spouse. It is someone who once worked with, lived with or was closely connected to your spouse.
A former employee or relative may be able to identify:
A former bookkeeper, for example, may know how money moved through the business.
A former assistant may remember personal expenses being paid from a company account.
A relative may know about property, benefits or financial arrangements that were never fully disclosed during the marriage.
That information can provide a valuable starting point.
Of course, you should not automatically believe everything a disgruntled former employee or relative says. That person may have a personal motive, remember events incorrectly or exaggerate what happened. The information must be investigated and supported by credible evidence.
Your attorney may use the discovery process to request tax returns, bank statements, business records, payroll information and other financial documents. Depending on the case, witnesses may be questioned and records may be subpoenaed.
A forensic accountant may then analyze the documents to determine whether income or assets have been omitted.
The insider provides the lead. The records help prove whether it is true.
If you suspect that your spouse is hiding money, do not hack into accounts, guess passwords, secretly take protected business records or impersonate your spouse to obtain information.
Tell your lawyer what you know and identify the people who may have relevant information.
There are lawful ways to investigate finances during a New Jersey divorce.
When money may be hidden, the most useful information can come from someone who knows how your spouse or the business operated behind the scenes.
That person might be a former employee. It might be a former business partner. Or, as the Jennifer Weisselberg story demonstrated, it might be a disaffected former relative.
The key is knowing whom to ask, what records to pursue and how to turn a possible lead into admissible evidence.
If you are concerned about hidden money in your New Jersey divorce, my free Divorce Smarter Course can help you understand the financial issues you may need to investigate before making important decisions.
Steve