The Fiduciary Duty of Former Spouses Going Through a Divorce

Pierre Domercq Divorce

If you are considering or going through a divorce in Carlsbad or North County it is important to understand the “fiduciary duty” you owe to your former spouse throughout the process. The papers sent to you by the Court (or provided by your attorney) remind you of the obligation married spoueses have to one another – known legally as a fiduciary duty.
The fiduciary duty requires you to act according to the highest standards of “good faith” and “fair dealing” acting on the other person’s best interests in all financial matters such as financial transactions, as well as the care of community property and the separate property of your former spouse. This extends to any transaction between you and your former spouse, as well as you and any external party.
You carry a fiduciary duty in any transaction, decision, management or control associated with assets, money, accounts, or investments. If you own or manage a business interest you fully understand the implications of the fiduciary duty. You continue to owe your former spouse this duty until your assets are distributed at the end of the divorce process.
This fiduciary duty extends to the initial and final financial disclosures you are required to make to your former spouse during the divorce process. California law requires you to make an “immediate, full, and accurate” disclosure of all known community and separate assets, debts and liabilities as well as a summary of your income and expenses.
If you violate this most serious of duties you expose yourself to full restitution to the other party for the value (read: highest possible appraisal they can justify) of the asset or account, as well as any additional sanctions the Court may determine based upon the degree of your offense.
This is why it is so important to work with the experienced attorneys at Burke & Domercq for your North County divorce. We have decades of experience in North County divorce cases and provide expert insight and guidance to our clients throughout the process. We work to accomplish your goals and objectives and protect your interests and invite you to contact us or call 760-712-3741 to schedule an appointment with one of our attorneys.