Can I Protect Myself If I Don't Know Anything About Our Finances?![Working With A High Asset Divorce Attorney]()
Yes. You can.
A lot of people come into my office holding a very familiar worry: my spouse handled all the money, and I have no idea what we have. Maybe you never saw the tax returns. Maybe you don't know the password to the bank account, or whether there's a retirement account at all. Maybe you signed things because you were told to sign them.
That's a common situation, and it is not a dead end. Here's why.
Washington Divorce Law Does Not Reward a Spouse Who Hides Financial Information
Washington is a community property state. In plain terms: most of what either spouse earned or bought during the marriage belongs to both of you, no matter whose name is on the paperwork. A 401(k) with only your husband's name on it is still, most likely, partly yours. A business he started while you were married is not automatically "his."
Not knowing about an asset does not mean you gave it up.
You Have the Right to Access Financial Information During a Divorce
In a divorce case, both spouses must open their books. This isn't optional, and it isn't a favor. Washington courts require each side to file a sworn financial statement listing income, debts, property, and monthly expenses. Lying on it has consequences.
Your attorney can also:
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Request documents. Bank statements, tax returns, pay stubs, credit card bills, retirement statements.
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Subpoena records directly from banks and employers, so you don't have to rely on your spouse to hand them over honestly.
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Ask questions under oath. Your spouse can be required to answer, in writing or in person.
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Hire an expert. If the finances are tangled — a small business, cash income, property that may have been hidden — a forensic accountant can follow the trail.
If a spouse hides assets or moves money around, judges tend to notice, and they don't like it. Courts can award the hidden asset to the other spouse, order that person to pay the legal fees, or simply stop believing anything else they say.
Steps to Protect Yourself When Your Spouse Controlled the Finances
You don't need to solve everything at once. Start small:
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Collect what you can find. Old tax returns, mail from banks, retirement statements, insurance papers. Photograph them with your phone.
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Open a bank account in your own name. At a different bank.
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Check your credit report. It's free, and it will show you loans and cards you may not know exist.
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Don't sign anything you don't understand. Not a refinance, not a "simple" agreement, not a tax return. "I want my attorney to look at this first" is a complete sentence.
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Write down what you do know. Employers, business names, where he banks. Small details help.
You Are Not Starting From Zero in Your Washington Divorce
You may feel like you're behind. You aren't. The system is built on the assumption that one spouse may know more than the other, and it has tools to fix that.
You just need someone who knows how to use them.
If you'd like to talk through your situation, call our office to schedule a consultation. Law Offices of Molly B. Kenny, 425-460-0550. Or fill out a contact form on the website, mollybeknny.com.
