It is an unsettling position when your ex says they barely have enough money to pay the bills, yet somehow they always seem to be spending on lavish non-essentials. This is particularly galling when you are being asked to accept a financial settlement based on figures that bear little resemblance to the life you can see them enjoying.
It is perfectly legitimate therefore to ask how that lifestyle is being paid for. In financial proceedings, evidence of spending that cannot be squared with declared resources can justify closer investigation. However, the challenge is to turn a reasonable concern into evidence the court can see.
When the figures and the lifestyle do not match
In the recent case of HJ v QY [2026] EWFC 245 (B), the husband presented himself as having very limited earnings, below the equivalent of full-time minimum-wage employment. However, his spending told a different story.
The wife managed to obtain disclosure from a third-party, which included bank statements recording receipts exceeding £88,000 into two current accounts over a year, together with evidence of expensive holidays and purchases of designer clothing.
Against a background of repeated failures to comply with disclosure obligations, the judge found deliberate non-disclosure by the husband and inferred he had significant undisclosed income and access to valuable assets. The wife was awarded a lump sum of £110,000, payable within 28 days, to help meet her needs.
Does an expensive lifestyle prove hidden wealth?
A photograph beside a sports car does not establish that an ex has purchased one, and a weekend break at a luxury hotel may have been paid for by someone else. A person can also maintain appearances by borrowing, even while their underlying finances are appalling.
Those possibilities deserve consideration because the court needs an accurate explanation, rather than an assumption based on how something looks. Equally, if an ex suggests that everything was borrowed or gifted they should be able to provide evidence that supports their case.
Repeated spending that cannot be reconciled with disclosed income is more useful than an isolated photograph stripped of its context.
What evidence can help?
Financial records often provide the clearest starting point; an unexplained payment into a disclosed account may lead to questions about another account, while regular transfers from a business may require an explanation beyond the salary shown on a payslip. Public records can also help test what you have been told; Companies House hold information that may reveal a continuing business connection.
Material from social media can also support enquiries where information has been given during financial disclosure. Here, the date and context of a post should be preserved as fully as possible, rather than keeping only a cropped image or screen grab that gives no indication of when the event occurred or its context.
Your own knowledge may be useful too, especially if you remember that your spouse routinely received payments from a second business, or that a property purchase was discussed shortly before separation.
An organised account of a few substantial discrepancies will generally be more helpful than a large collection of photographs accompanied by speculation.
Will they have to explain who pays for everything?
Where an ex’s spending raises a discrepancy, they may be required to explain how it is funded and provide supporting documents; simply saying that a parent or new partner pays does not necessarily bring the matter to an end.
If the claim is that a relative funded a holiday, confirmation of the payment may resolve that particular issue. If substantial ongoing financial support is said to be a loan to get over a difficult period, relevant questions such as whether repayment was agreed, and if any repayments have been made should be asked.
How do you challenge the disclosure?
The usual starting point is a careful comparison between the financial statement and its supporting documents. Your solicitor can identify the gaps that matter and make requests for an explanation, which can be raised through a questionnaire.
If the necessary records remain unavailable, an application for disclosure from a third party may be appropriate. Banks can sometimes provide evidence that resolves a dispute which the spouses competing accounts have left unanswered. To be successful, such orders require a proper basis; they are not an unrestricted opportunity to inspect another person’s finances.
Some cases justify expert accounting evidence, particularly where business arrangements are difficult to unravel. This needs to be proportionate to the sums involved and where expert evidence is required in the proceedings, court permission must be obtained.
Can the court act without finding every missing pound?
A person who withholds information may make it impossible to calculate their resources precisely, but that does not necessarily prevent the court from reaching a decision. Where justified by the evidence, the court can draw adverse inferences. However, the court must still make a reasoned assessment rather than inventing an asset or choosing a figure as punishment. You do not necessarily need to identify the destination of every transfer before the court can act, but your case should show why the disclosed position is not accepted.
What if you have already settled?
Discovering concealment after a financial order has been made does not necessarily mean you have lost the opportunity to challenge it because non-disclosure, including fraud, can provide grounds for an application to set aside an order.
There is also a distinction between wealth concealed before settlement and wealth genuinely acquired afterwards. A successful business venture following divorce does not, by itself, prove that the earlier disclosure was false.
Take action without becoming a private investigator
The frustration of suspected concealment can make it tempting to look through an ex’s emails or use a password you still remember. Marriage does not give unrestricted permission to access another person’s confidential information, and obtaining documents improperly can create serious difficulties.
Tell your solicitor what you believe exists and how you know about it, so that lawful disclosure routes can be considered. If you have already obtained private material, explain how it came into your possession before copying or circulating it further.
You do not have to accept unexplained figures simply because your ex insists there is nothing more to disclose. By identifying the discrepancies and pursuing proportionate enquiries, you can give the court a firmer basis for deciding what is fair.