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JAM | Mar 29, 2025

Is it legal to hide assets from your spouse?

ABIGAIL BARRETT

ABIGAIL BARRETT / Our Today

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When a couple decides to part ways in Jamaica, they have to lay all their financial cards on the table—it’s like a game of poker where hiding your chips is a big no-no! Trying to keep a secret stash during the divorce or even the length of the relationship might seem tempting, but it may be a slippery slope that could land you in hot water.

What does the Jamaican law say?

Under Jamaican law, married couples are treated as financial partners, and assets acquired during the marriage are generally subject to equitable distribution. The Property (Rights of Spouses) Act outlines the principles governing property division, ensuring that each spouse’s financial and non-financial contributions are considered. Courts also consider factors such as the welfare of children when determining a fair settlement.

Hiding property during a divorce can result in severe legal penalties, including:

Contempt of Court

Failing to disclose assets can lead to contempt proceedings, which may result in fines or imprisonment.

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Adverse Legal Judgments

Courts may award a greater share of the concealed assets to the other spouse or adjust alimony and child support payments unfavourably for the deceptive party.

Criminal Charges

Deliberate asset concealment may constitute fraud, carrying penalties such as fines or imprisonment. To avoid legal complications, individuals involved in divorce proceedings should maintain accurate financial records, detailing all assets, liabilities, and income; seek legal and financial advice to ensure compliance with disclosure requirements; and act in good faith to facilitate a fair resolution of property disputes.

Jamaican courts prioritise financial transparency to uphold fairness in divorce settlements. Spouses who attempt to hide assets risk not only losing their claims but also facing legal consequences that may extend beyond the divorce proceedings.

It is safer to just be forthright.

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