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, or asset tracing, 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 Louisiana, forensic accountants play a crucial role in divorce litigation, particularly in cases involving high assets or high net worth. Given that Louisiana is a community property state, all assets acquired during the marriage are considered part of the marital estate and are subject to division upon divorce. A forensic accountant's expertise in uncovering financial fraud and tracing assets is invaluable in ensuring an equitable division of property. They are tasked with identifying hidden assets and manipulated financial documents that could distort the true financial picture of the marital estate. Their findings can significantly impact the determination of spousal support and child support, as these are often based on the accurate assessment of each spouse's income and assets. The use of forensic accountants is not regulated by specific statutes in Louisiana but is governed by the broader legal principles of divorce and property division under the Louisiana Civil Code and relevant case law. Attorneys often engage forensic accountants to provide expert analysis and testimony to support their client's case in court.