A forensic accountant is generally an accountant with expertise in detecting financial fraud or manipulation in personal and business tax returns, bank accounts, investment accounts, retirement accounts, broker accounts, offshore accounts, cash, cryptocurrency, jewels, art, cars, yachts, airplanes, real estate, life insurance policies, and related financial documents. This financial investigation work is often referred to as tracing, financial tracing, asset tracing, or forensic accounting, and generally involves “following the money” by tracing a piece of financial information or data back to its source.
In divorce litigation—and especially in high-asset or high-net-worth divorces in which there is significant marital or community property—any financial manipulation or fraud of personal or business finances may have a significant effect on the marital or community property that is available for division, and on spousal support and child support payment amounts. One or both spouses in a divorce may hire a forensic accountant to discover any hidden assets or manipulated financial documents that may prevent the court from having an accurate accounting of the marital or community property assets and the spouses’ incomes.
In Florida, forensic accountants play a crucial role in divorce litigation, particularly in cases involving high-net-worth individuals or complex asset structures. Florida is an equitable distribution state, meaning that marital property is divided in a manner that is fair but not necessarily equal. A forensic accountant's expertise in uncovering financial fraud and tracing assets is invaluable in ensuring an accurate assessment of marital property and individual income. This assessment is essential for determining equitable division of assets, as well as appropriate levels of spousal and child support. The use of forensic accounting in divorce proceedings is recognized and can be critical in cases where one party suspects the other of hiding or misrepresenting assets. The findings of a forensic accountant can be presented as evidence in court to influence the judge's decisions regarding asset division and support obligations. It is important to note that while forensic accountants provide specialized financial analysis, the ultimate decisions regarding asset division and support rest with the court.