What If I Am Worried That My Spouse Will Get Rid Of Or Hide Marital Assets During The Divorce Process?

Non-Dissipation Of Marital Property

When individuals are going through a divorce in Berks County, sometimes they may be afraid that the other spouse will begin to liquidate, sell, transfer or conceal marital assets so as to prevent the other spouse from receiving those assets, or a portion thereof, in equitable distribution. Fortunately, the Pennsylvania Divorce Code recognizes this very legitimate concern.

Specifically, 23 Pa.C.S.A. Section 3505 is entitled “Disposition of Property to Defeat Obligations”. That law states “Where it appears to the Court that a party is about to leave the jurisdiction of the Court or is about to remove property of that party from the jurisdiction of the Court or is about to dispose of, alienate, or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or similar award, an injunction may issue to prevent the removal and disposition of the property may be attached as described by general rules. The Court may also issue a Writ of Ne Exeat to preclude the removal”.

Accordingly, if you are going through a divorce in Berks County, and you feel that your spouse may hide, conceal, sell or transfer any marital assets, speak to an experienced and respected Berks County Divorce Attorney such as Joseph A. Guillama to pursue protecting your interests in this regard.