As is usual with regard to most divorce questions, the answer is “it depends.” First, look at the Judgment of Divorce and see if there is a section that addresses the issue of non-disclosed assets. If there is, the Judge will look at this provision and use it as a guide to resolve the problem. A Judgment of Divorce often has a provision that says if one party hid an asset from the other, the offended party will be awarded all or most of the hidden asset and attorney fees. If there is nothing in the Judgment of Divorce about non-disclosed assets, the Judge will likely look at all the facts and circumstances and try to make an “equitable” decision about what to do with the asset. That “equitable” decision will likely punish the wrong-doer by awarding costs and attorney fees. Generally, questions such as yours are best resolved by having all of the documents carefully reviewed by a competent family law attorney. This is not something you should try to fix yourself. Call me, I can help.

Michael Olson is a partner with the law firm of Matecun, Thomas & Olson, PLC in Howell. He answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.

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