There is some ability to have the money allocated to the other party.
1. Example 1:
- let's say the other party has given away and spent $70K of matrimonial property after family court application; and
- the family court finds the matrimonial pool at the time of application is $100K; and
- and court allocates each party $50k.
The court then looks at who is in possession of the $100K. Let's say the other party has/had $90K and you have $10K.
The court will then order the other party to pay you $40K.
The other party will say I no longer have $40K to pay.
Court will then look into the reasons why this is the situation. This is where things get complicated and legal advice needed because many different scenarios are possible involving different remedies depending on how the $70K was moved/spent. Each dollar needs to be accounted for and justified. Some money may be recoverable from 3rd parties, some not. The amount owed by the other party to you may be adjusted depending on what the investigation finds.
2. Example 2:
- let's say the other party has given away and spent $30K of matrimonial property after family court application; and
- the family court finds the matrimonial pool at the time of application is $100K; and
- and court allocates each party $50k.
The court then looks at who is in possession of the $100K. Let's say the other party has/had $80K and you have $20K.
The court will then order the other party to pay you $30K. $30K has been spent and given away but the other party still has $50K which is enough to pay you $30K. The court doesn't care in this example that $30K has been wasted/hidden because there is still enough to pay you your share.
Complicated stuff and is going to take effort to sort out. Starting sooner is better for you.