In most situations, hiding money from your partner or spouse is a bad idea and can perpetuate relationship problems. But there are tough situations that can warrant some secrecy, such as abuse and the end of a relationship. In those circumstances, be cautious and protect yourself first.
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Many financial experts will say that maintaining separate bank accounts, or having a "yours, mine and ours" system is the best way to manage your money in a marriage. "If you have two working spouses, it reduces conflict," Laurie Itkin, a financial advisor and certified divorce financial analyst, tells CNBC Make It.
Hiding assets in a divorce is illegal
Because California is a community property state, there are very few assets that are not split unless they were yours before you were married or you have a prenuptial agreement in place. ... Properties, including rental properties.
One way that spouses without businesses may attempt to hide assets is through setting up trusts or “gifting” money to someone who will return it after the divorce is finalized. Spouses that hide assets will often involve family members or friends in the process.
Assets acquired during a marriage are typically viewed as community property. When it comes to bank accounts, this means that bank accounts established after marriage, whether joint or separate, belong to both spouses and will need to be equally divided in the event of a divorce.
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That means technically, either one can empty that account any time they wish. However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. ... Funds in separate accounts can still be considered marital property.
In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse that incurred them. The exception is those debts that are in the spouse's name only but benefit both partners.
The money will remain inaccessible during your lifetime, but upon death, your spouse can access it by simply showing proof of your death to the bank. But if you die without making such a designation, your personal bank accounts will likely need to go through probate, especially if the balance is significant.
Hiding Assets Before Divorce
Money and assets you had before the marriage aren't included in a community property split unless you “comingled” or mixed them with marital assets. For example, if you had $50,000 in your name before the marriage and kept it separate, it is yours.
Although you can withdraw retirement money for your divorce, this should be your last resort. Withdrawals from a 401k, especially before age 59 1/2. generally result in taxes and penalties. There are limited exceptions to this rule, but early withdrawals for a divorce case is not one of them.
Under California law, each spouse is required to file a full financial disclosure report at the time of the divorce proceeding.
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