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 Utah, forensic accountants play a crucial role in divorce litigation, particularly in cases involving high assets or high net worth. Their expertise in uncovering financial fraud and manipulation is vital for ensuring an equitable division of marital property and the fair determination of spousal and child support payments. Utah's laws regarding the division of marital property in a divorce are governed by Utah Code Section 30-3-5, which mandates an equitable, though not necessarily equal, division of marital assets and debts. Forensic accountants assist by tracing and identifying assets that may have been concealed or misrepresented, thereby providing the court with a more accurate picture of each spouse's financial situation. The findings of a forensic accountant can significantly influence the court's decisions regarding asset division and support obligations. It is important for parties in a divorce to disclose all assets truthfully, as failure to do so can result in legal penalties, including fines and a potentially less favorable outcome in the division of assets.