What Happens If My Spouse Is Not Being Honest in Mediation?~ 4 min read
- The type of information your spouse is being dishonest about matters. Not every disagreement will affect your divorce settlement.
- Financial dishonesty deserves closer attention, especially if you believe your spouse is hiding assets, income, or other important financial information.
- Bank statements, limited discovery, additional research, or help from a financial professional could provide the information you need.
- If you discover a problem before reaching a final agreement, you can investigate further before deciding whether to settle.
- If you discover hidden property or inaccurate financial information after signing an agreement or after your divorce is finalized, your options will depend on the circumstances and timing.
What Is Your Spouse Being Dishonest About?
You and your spouse may have very different versions of what happened during your marriage. During Mediation, your spouse may say something about an argument or another event that you believe is not true.
Before spending time and money trying to prove what happened, consider whether the disagreement will actually affect your settlement. If it will not affect decisions about property, finances, support, parenting, or another issue that needs to be resolved, proving who is right may not accomplish anything.
Mediation is intended to help you resolve the issues necessary to reach an agreement. It is not a process for requiring your spouse to admit wrongdoing or apologize for something that happened during the marriage.
Financial Dishonesty Is Different
If you believe your spouse is hiding an asset, failing to disclose income, or providing inaccurate financial information, you need enough information to understand the situation before agreeing to a settlement.
The first step could be as simple as reviewing bank statements or asking for documents that support the information your spouse has provided. The mediator can also ask questions to help clarify inconsistencies.
If questions remain, you and your attorney could use limited discovery or conduct additional research focused on the specific concern. In some cases, a financial professional could review bank records, business documents, transactions, or other financial information.
The next step will depend on your specific concerns and what information is needed to address them.
What If You Discover a Problem Before You Sign?
If you discover inaccurate or incomplete information before reaching a final agreement, you have an opportunity to investigate the issue before proceeding. You could request additional documents, conduct further research, or return to Mediation after obtaining the information you need.
You do not have to ignore significant financial concerns simply because you have already spent time negotiating. New information could affect whether you are ready to reach an agreement.
What If You Have Already Signed an Agreement?
The situation becomes more complicated if you discover the problem after signing an agreement.
Your options will depend on several factors, including whether the judge has entered the final judgment, how much time has passed, what information was withheld, and whether fraud was involved. Different procedures and deadlines could apply depending on when the problem is discovered.
If property was never divided in the original divorce, additional legal proceedings could also be necessary to address that property.
Because timing matters, talk with your attorney as soon as possible if you discover significant financial information after reaching an agreement or finalizing your divorce.
Contact Family Ally
If you are concerned that your spouse is withholding financial information during Mediation, you do not have to ignore those concerns just to reach an agreement. At Family Ally, we work with you to identify the information you need and evaluate your options before you finalize your divorce.
Contact Jennifer Piper at 314-449-9800 or contact us online to schedule a consultation.
Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.
FAQs
What should I do if I think my spouse is hiding money during Mediation?
You can request records or other documents to address your concerns. If questions remain, limited discovery or help from a financial professional could provide additional information.
Do I need to prove that my spouse lied about everything?
No. Focus on information that could affect your property, finances, support, parenting, or other terms of your settlement.
What if I discover hidden property after my divorce?
If you discover property that was not disclosed or divided during your divorce, you could have legal options for addressing it. Talk with an attorney as soon as possible because your options will depend on the circumstances and when the property is discovered.
Jennifer R. Piper is a family law attorney, mediator, and parenting coordinator with more than 20 years of experience serving families in the St. Louis area. She is certified as a Guardian ad Litem and frequently appointed by courts to represent children in high-conflict cases.
Jennifer is a former Chair of the Family and Juvenile Law Section of the Bar Association of Metropolitan St. Louis and an active leader in local and state bar organizations.
Her professional recognition includes being named to The Best Lawyers in America® (2017–2025), Missouri Super Lawyers (2021–2024), and receiving a Women’s Justice Award from Missouri Lawyers Weekly.
Jennifer also holds an AV Preeminent rating from Martindale-Hubbell. She regularly speaks on family law topics and has helped shape family court procedures through her service on multiple committees.
