What if my spouse hides money or assets during a Pennsylvania divorce?

Last updated October 25, 2026.

Pennsylvania gives you several tools. Each spouse must file a signed inventory of all property, including property transferred in the three years before separation, under penalty for false statements, and full civil discovery is available in a property case without asking the court first. The court can stop a spouse from moving or selling property, void sham transfers, sanction a spouse who hides information, and, even after the divorce, place a hidden asset worth $1,000 or more in a constructive trust (Pa.R.C.P. 1920.33 and 1920.75; 23 Pa.C.S. 3505(a), (c), (d) and (e)).

These tools work best when they are used early and backed by documents. For the rest of our divorce and family work in Media, see our family law page.

How do you find hidden money in a Delaware County divorce, step by step?

Raise a property claim. The disclosure duties below come with a claim for equitable distribution. The notice at the start of every divorce complaint warns that a property claim not filed before the decree may be lost (Pa.R.C.P. 1920.71).

Read your spouse's inventory closely. Each spouse files and serves an inventory of marital and non-marital assets and liabilities as of the date of separation, with estimated values, and the second inventory is due 20 days after the first is served (Pa.R.C.P. 1920.33(a)). The official form covers "all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years," and has a separate section listing each transfer, its date, the payment received and the person who received it (Pa.R.C.P. 1920.75). The spouse signs it "subject to the penalties of 18 Pa.C.S. § 4904."

Use discovery. In equitable distribution, alimony, counsel fee and complex support proceedings, discovery is available "without leave of court" under the general civil discovery rules, Pa.R.C.P. 4001 to 4025 (Pa.R.C.P. 1930.5(b)). The Divorce Code says the same thing (23 Pa.C.S. 3505(c)).

Go to banks and employers directly if needed. A party may subpoena documents from a person who is not a party, such as a bank, after giving every other party at least 20 days' written notice with a copy of the proposed subpoena (Pa.R.C.P. 4009.1(a) and 4009.21(a)).

Ask for protection while you look. If a spouse is about to move, sell, give away or borrow against property, a petition for special relief can ask for an injunction, attachment of the property or other appropriate relief (Pa.R.C.P. 1920.43(a); 23 Pa.C.S. 3505(a)).

Hold your spouse to the pre-trial statement. At least 60 days before the hearing, unless the court sets another date, each side files values with supporting documents, its income from all sources, its most recent federal and state tax returns and pay stubs, and a report from each expert it will call (Rule 1920.33(b)). The hearing officer then hears the case; in Delaware County that hearing is informal and not recorded, according to the county's family court handbook, and a spouse can ask for a new trial before a judge; see what happens at a contested property division hearing in Delaware County. Where each step happens is covered in what to expect in Delaware County family court.

Which tools apply, and what does each one do?

Is section 3505(b) still the rule for the inventory?

No, and this trips people up. Section 3505(b) of the Divorce Code still prints an "inventory and appraisement" requirement, but Pa.R.C.P. 1920.91(2) suspends it "absolutely" in divorce and annulment practice. The official note to that rule explains that Rule 1920.33(a) replaces it with the inventory, and Rule 1920.33(b) adds the pre-trial statement. So the inventory you file today follows Rule 1920.33 and the form in Rule 1920.75.

The suspension rule names only subsection (b). The rest of section 3505 is not suspended: the injunction and ne exeat writ in (a), discovery in (c), the constructive trust in (d) and the voiding of transfers in (e) are part of the statute as printed today.

What can the court do when a spouse hides or wastes assets?

Weigh it in the division. One of the equitable distribution factors is "the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property" (3502(a)(7)). The court may apply a different percentage to each asset or group of assets, and must state the percentage and the reason (3506). How the other factors work is explained in how property is divided in a Pennsylvania divorce.

Stop it before it happens. Where a spouse is about to leave the jurisdiction, remove property, or "dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support," an injunction may issue, the property may be attached, and the court may issue a writ of ne exeat to block the removal (3505(a)). The court may require security as a condition (Rule 1920.43(a)). In every divorce case, the court also has "full equity power" to issue injunctions and grant relief against a third person over whom it has jurisdiction and who is involved in the case (23 Pa.C.S. 3323(f)).

Undo a sham transfer. A transfer or encumbrance of marital property to a third person who paid wholly inadequate consideration may be deemed fraudulent and declared void (3505(e)).

Sanction the spouse who stonewalls. If a spouse fails to file an inventory or pre-trial statement, the court may make an appropriate order under the discovery sanctions rule (Rule 1920.33(c)). That rule allows an order treating designated facts as established, barring the spouse from supporting or opposing claims, imposing contempt, or awarding the expenses of the motion, including attorney's fees (Pa.R.C.P. 4019(c) and (g)). A spouse who leaves matters out of the pre-trial statement may be barred from offering evidence on them (1920.33(d)).

Reach the asset after the divorce. If a spouse fails to make required disclosure and an asset with a fair market value of $1,000 or more is left out of the final distribution, the other spouse may petition "at any time" for a constructive trust over all undisclosed assets, and the court "shall grant the petition upon a finding of a failure to disclose" (3505(d)).

A false inventory can be a crime. A written false statement made with intent to mislead a public servant is a misdemeanor of the second degree, and a false statement on a form bearing notice that false statements are punishable is a misdemeanor of the third degree, with a fine of at least $1,000 on conviction (18 Pa.C.S. 4904). That is a criminal matter for prosecutors, separate from the divorce.

What changes the answer?

A business or cash income. Income can be hidden inside a company as easily as assets can. How a company's value and income are examined is covered in what happens to a family business in a divorce.

The kind of case. There is no discovery in a simple support, custody or protection from abuse case unless the court orders it (Pa.R.C.P. 1930.5(a)). Discovery is open in a complex support case and in the divorce's property, alimony and fee claims. How income is set in support is in how child support is calculated.

When the money moved. Transfers within three years before separation belong on the inventory form, and property acquired after final separation is generally not marital unless it was acquired in exchange for marital assets (3501(a)(4)). The separation date sets that line; see why the date of separation matters.

Whether the asset is marital at all. An inheritance kept separate is not the same as hidden marital money; see what counts as marital property and what stays separate.

A premarital agreement. Fair and reasonable disclosure, a written waiver of disclosure or adequate knowledge is part of what makes a prenup hold, so hidden assets at signing can matter; see whether a prenup or postnup is enforceable.

The cost of tracing. Following money often takes a forensic accountant or appraiser, whose report must be attached to the pre-trial statement (Rule 1920.33(b)(2)). The court fees for each stage are in what a divorce costs in Delaware County.

For example: cash withdrawals and a car signed over to a brother

Here is a hypothetical. A couple in Drexel Hill separate in March. The wife notices that over the past two years the joint savings account fell by about $40,000 in cash withdrawals, and that in January her husband signed the title to a nearly new pickup over to his brother. His inventory lists neither.

Her attorney serves interrogatories and a request for documents, then gives 20 days' notice and subpoenas the bank for the withdrawal records. The inventory form asked for transfers in the three years before separation, so the pickup should have been listed with the payment received. The brother says he paid $500. Her attorney asks the court to declare the transfer void as one for wholly inadequate consideration (3505(e)) and argues the cash withdrawals were dissipation under factor (7). Because the husband is also talking about selling a boat, she files a petition for special relief asking for an injunction.

If the husband refuses to answer discovery, the court can order him to comply and then impose sanctions. If a hidden account worth $1,000 or more surfaces after the decree, she can still petition for a constructive trust. This example only illustrates how the rules work; it does not predict any result.

What mistakes do people make when they suspect hidden assets?

• Waiting until the hearing. Subpoenas need 20 days' notice before service, and expert reports must be attached to the pre-trial statement, often 60 days before the hearing.
• Skipping the transfers section. The inventory form asks for property transferred within three years; compare it with your own records line by line.
• Moving money yourself in response. Dissipation is a factor for either spouse (3502(a)(7)), and the injunction power in 3505(a) applies to both.
• Asking for an injunction with no facts. A petition for special relief must set out "facts entitling the party to relief" (Rule 1920.43(a)), so bring statements, titles or messages that show the risk.
• Relying on 3505(b). It is suspended in divorce practice (Rule 1920.91(2)); the inventory duty comes from Rule 1920.33.
• Thinking the decree ends it. A constructive trust petition over an undisclosed asset worth $1,000 or more can be filed at any time (3505(d)).

What should I do this week?

1. Write down the date of separation and keep proof of it.
2. Gather copies of statements you already have legal access to: joint accounts, joint tax returns, loan applications and insurance policies.
3. List any large withdrawals, transfers or title changes in the last three years, with dates.
4. Note every bank, brokerage, retirement plan and business your spouse is connected to.
5. If you fear property is about to be sold or moved, write down what, where and when you learned it.
6. Book a consultation and bring the list; see what to bring to a divorce consultation.

Frequently asked questions

Can I freeze my spouse's accounts?

Not on your own. After the complaint is filed, the court may, on a petition setting out the facts, issue an injunction against removal, sale or borrowing against property, order attachment, or grant other relief, and may require security (Rule 1920.43(a); 3505(a)).

Can I get my spouse's bank records directly from the bank?

Yes, through a subpoena to a non-party. You must give every other party written notice at least 20 days before serving it, with a copy attached, and the other side may file objections (Rule 4009.21).

Is hiding assets in a divorce a crime?

The inventory is signed subject to 18 Pa.C.S. 4904, so a knowingly false inventory can be charged as unsworn falsification to authorities. Whether to charge is up to prosecutors; inside the divorce, the remedies are sanctions, dissipation and the constructive trust.

What if I find a hidden account years after the divorce?

If the account was required to be disclosed, was left out of the final distribution and was worth $1,000 or more, you may petition the court that granted the award at any time for a constructive trust (3505(d)).

Does hiding assets mean my spouse gets a smaller share?

It can be weighed. Dissipation is a listed factor, and the court sets percentages asset by asset with stated reasons (3502(a)(7); 3506). No rule sets an automatic penalty, so the evidence matters.

What about cryptocurrency or online accounts?

The inventory form has an "Other" asset category, and requests for documents reach electronically stored information in a format you may specify (Rule 4009.1). List what you know and ask for the rest in discovery.

Can hidden debts be a problem too?

Yes. The inventory must also list marital liabilities and co-debtors; see how debts are divided in a Pennsylvania divorce.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation if you believe your spouse is hiding money or assets. Evening and weekend appointments are available.