Financial Disclosure: Ex-Spouse Won’t Disclose Their Finances

Financial disclosure is essential during separation, ensuring fairness in child support, spousal support, and property division. Money can be a sensitive topic in any relationship, especially when it ends, but full financial transparency is mandatory in family law cases.

But what happens if your ex refuses to hand over their financial documents? Can they get away with it? And more importantly, what can you do about it?

Is Financial Disclosure Mandatory in BC?

Yes. 100%. No exceptions.

Under Section 5 of the Family Law Act, both spouses have a duty to provide full and frank disclosure of their financial situation

When separating or divorcing, both parties must fully disclose their financial situation. This includes:

• Tax returns and notices of assessment
• Pay stubs and income statements
• Bank statements
• Investment and pension documents
• Business financials (if self-employed)
• Property and debt statements

The Supreme Court of Canada has repeatedly emphasized that full and honest disclosure is the foundation of fair family law settlements (Michel v. Graydon, 2020 SCC 24). If one party withholds information, they can face serious legal consequences.

Check out our blog on the consequences of refusing financial disclosure in family law: When a Husband Refused to Disclose Financials.

Why Would My Ex Spouse Refuse to Financial Disclose?

If your ex is dodging financial disclosure, they’re probably up to one of the following:

1. Hiding Assets – They don’t want you (or the court) to know what they really own.
2. Underreporting Income – This is common with self-employed individuals who manipulate their earnings.
3. Delaying the Process – Stalling can be a tactic to wear you down so you accept a lower settlement.
4. Control and Power – Some people just refuse to try and keep the power dynamic and make life harder.

Regardless of their reason, the law is not on their side.

What Can You Do If Your Ex-Spouse Refuses Financial Disclosure?

1. Demand Disclosure Formally

   Sometimes, a firm nudge is all it takes. Send a written request (email, letter, or through a lawyer) outlining the missing documents, the reason for the request and giving them a deadline.
   Make sure you reference Rule 5-1 of the BC Supreme Court Family Rules or Rule 9-1 of the Provincial Court (Family) Rules, which require financial disclosure.

2. File A Court Application

   If they ignore your request, it’s time to take legal action. You can file a Notice of Application in the BC Supreme Court or a Notice of Motion in the Provincial Court asking the judge to order disclosure.
   If granted, the court will give your ex a strict deadline to provide their documents

3. Seek Fines for Non-Compliance

   Still refusing? Courts don’t take kindly to financial dishonesty. If your ex-spouse continues to stonewall, you can ask the judge for penalties, such as:

   Fines or Costs Awards
   Imputation of Income
   Contempt of Court

4. Don’t Settle Without Full Disclosure

   If your ex is pressuring you to settle without handing over their financials, don’t do it.

The Bottom Line

If your ex-spouse is refusing to provide financial disclosure, don’t just accept that. The law is clear:

• They must disclose all relevant financial information
• You can take legal action to force them
• Judges do not tolerate financial dishonesty.

Still dealing with a non-compliant ex-spouse? Contact us today here or call us at (604) 974-9529 discuss your options. We can help you get the financial information you deserve and ensure you don’t get shortchanged in your settlement.