When your divorce involves accounts, businesses or property in more than one country, the financial disclosures may not show the complete picture. An ownership interest may appear in a tax form, transfer record or company document even when it is missing from a spouse’s property list.
Ohio law requires each spouse to fully disclose marital and separate property, other assets, debts, income and expenses. The state’s standardized divorce forms also include an Affidavit of Property and Debt.
These five record types may help your legal and financial team identify missing information:
1. Federal tax and foreign account reports
Federal tax returns, Form 8938 and Reports of Foreign Bank and Financial Accounts, or FBARs, may identify foreign accounts, investment interests or income. Differences between these reports and the financial information provided in the divorce may raise questions about missing accounts or income.
2. International wire transfer records
Wire records may reveal foreign banks, recipients and repeated payments. A transfer alone does not prove ownership, but it may point to an account, business or property that needs further investigation.
3. Corporate ownership documents
Records showing who owns company shares or partnership interests may reveal a spouse’s connection to an overseas business. They may also reveal ownership held through another entity or under a different company name.
4. Trust and foundation records
Trust documents may show whether money earned during the marriage was placed in a foreign trust or whether a spouse has a right to receive payments from it.
5. Foreign property records
Deeds, official ownership records, mortgage documents and tax bills may help show whether a spouse owns foreign real estate. Residency applications or foreign addresses may offer clues, but they do not necessarily prove ownership.
During discovery, the formal exchange of information in a divorce, your legal team may request documents or issue subpoenas to obtain records. Evidence held abroad may require foreign counsel or an international process, such as a request under the Hague Evidence Convention, depending on the country.
Building a complete financial picture
No single record proves whether an overseas asset exists or qualifies as marital property. If you notice unexplained transfers, company names or foreign addresses in records you lawfully possess, preserving that information may help your legal team determine what additional documents to pursue.
