• How to save my money in my bank accounts/PF/Stocks in case of divorce?

I am having frequent fights with my wife & her family, she mentioned that she will put case on me & take all my money, so I want to take precautions to save my money incase if they file any case in the future and want to be prepared well for that in terms of financial things. 
[Note: I am working in IT company & my wife has done BE & is not working & she is a house wife]
I have all my money in my bank accounts as FD and some money in PF, PPF & stocks.
1. Should I transfer all my money/FD's into my parents account now itself and keep using the money from parents account? 
2. how many previous years of bank statement or ITR, court will check from the date the divorce is filed? Will they come to know that I transferred major amount of money into my parents accounts to save Alimony/maintenance?
3. if I keep my mom's account as salary account in my company & salary gets credited to her account, will courts later come to know that I was re-directing my salary to my mom's account? or is it fine to do that?
4. Do court also considers the money that is there in my PF/PPF account & stocks while deciding alimony/maintenance.
5. I had also worked in USA for 3years so i have some money in USA bank accounts also, for court can I say that I don't have any money in the USA accounts? my wife knows my USA social security number but dont have any information about my bank balance except that she know that i had account in so and so bank in USA.
what all other ways that I can save my money in my bank accounts incase divorce is filled. Plz guide
Asked 11 months ago in Family Law
Religion: Hindu

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10 Answers

Transfer money to parents bank account 

 

2) your last 3 years will be considered 

 

3) they will come to know you have transferred money into parents accounts 

 

4) if your mother is not working she cannot have salary account 

 

5) court will consider all your investments 

 

6) seek phone consultation with any lawyer on this website 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

It’s safe no one can take it. You need to only contest the maintenance application filed by wife aggressively 

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

1. Not necessary, she cannot take any money from your FD or PPF  or stock market shares 

2. In the event of she filing a maintenance application then both have to file an affidavit declaring your assets and liabilities,  The ITR would be required to be filed for three years as on the date of filing the affidavit.

3. Whether you are directing your salary amount to your mother's account or not you are required to file the salary slip in the affidavit.

4. No.

5. You may not declare that amount in your affidavit, unless you don't reveal she cannot come to know that details, the social security number is not a source to get the details of the balance amount.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

1. Yes, you can do so but if previous transaction's are produced then money trail can be unearthed . 

2. Unless any of the parties produce related documents before court, it can not look into it. In affidavit of assets and income both of you will have ti disclose your respective income and assets.

3. If money first comes to your account then it is immaterial later to which account this money goes.

4. Yes

5. Any false statements made on oath will attract perjury which is a punishable offence. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

  1. Any transfer of funds from account to accounts can be easily established.
  2. In such cases income from the date of marriage is taken in to consideration.
  3. Your salary details can be obtained from your employer through Court.
  4. Alimony is computed on the status of wife, it is compensation to wife for carrying the stamp of divorcee. It is not recompense for livelihood.
  5. Any claim against the records will prove you conduct. All such tricks are well to Court. with the  ssn bank accounts can be traced in U.S.
  6. Any such transactions will only go against you as your mala fide conduct. Don’t undertake such adventures.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Dear Client,

Before transferring the money into your parents’ account, you need to be prudent. Although this can appear to be a safe step, courts may see this as an effort to conceal property, so actually be detrimental to your case. In this case, consider why keeping finances separate (and transparent) may be the way to go to avoid more serious issues later down the line.

Generally, in bank statements and ITR, for the last 3-5 years, the income and assets of the person(s) are examined in courts.

It is also important to note that courts take into account the money in PF/PPF accounts and shares, while deciding on alimony/maintenance. The assets are usually considered part of your broader financial picture.

On the subject of your USA bank accounts, honesty is the best policy. Doubting their existence will only hurt your credibility, so it is best to be transparent about your assets and income.

To further protect your finances, consider the following:

- Keep the right financial records to make sure transparency and accountability of your finance.

- You can consider a prenuptial or postnuptial agreement with your wife to safeguard your assets and properties.

- Expand your all the available assets by spreading them across other investment options.

- Start an emergency fund to cover at least 3 to 6 months' worth of living expenses with yourself.

- Make an appointment and consult a good financial advisor or lawyer who is expert in the matter of divorce law and finance. And make sure you are making informed and wise decisions.

 

 

 

 

 

 

 

Anik Miu
Advocate, Bangalore
11063 Answers
125 Consultations

Consult with detail.

Siddharth Srivastava
Advocate, Delhi
1552 Answers

If a divorce case is filed, your financial transactions can be scrutinized, and any attempt to hide assets may be seen negatively by the court. However, strategic financial planning can help you manage the situation legally.


Key Points to Consider:


1. Transferring Money to Parents’ Account?

  • If you suddenly transfer large amounts, it can be challenged as an attempt to avoid alimony/maintenance.
  • Courts may scrutinize past transactions if your wife claims you are hiding assets.


2. How Many Years of Bank Statements Will Be Checked?

  • Typically, last 3 years of ITR and bank statements are examined.
  • If suspicious transactions are found, the court may investigate further.


3. Salary in Mother’s Account?

  • If you change your salary account to your mother’s, it may look like an attempt to evade financial responsibilities.
  • Your employer’s records will still show your actual salary, and courts can demand salary slips.


4. PF, PPF & Stocks Considered?


  • PF & PPF are generally protected, but if large contributions are made suddenly, the court may question it.

  • Stocks and mutual funds are considered part of your financial assets and can be taken into account for alimony.


5. USA Bank Accounts?

  • You are not legally required to disclose foreign accounts unless the court specifically asks for them.
  • If your wife provides evidence of your US bank account, the court may demand details.


Safe & Legal Ways to Manage Finances:








Invest in long-term instruments (e.g., tax-saving PPF, ELSS) where money is locked.
Use joint family investments (buy assets in parents’/siblings' name, if done gradually).
Clear loans or debts to reduce disposable income.
Avoid sudden transfers or withdrawals, as they may be seen as concealment.
Buy non-liquid assets (gold, property) that are harder to claim.

👉 Avoid hasty financial moves, as courts can reverse them. Instead, focus on legally protecting your money through long-term financial planning.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2206 Answers
17 Consultations

It is important to approach this situation legally and ethically while safeguarding your financial interests. Here’s what you need to consider:


1. Transferring Money to Parents’ Accounts

  • Transferring all your funds to your parents’ accounts right before a legal dispute can be seen as an attempt to defeat maintenance claims.
  • Courts can scrutinize such transactions, and if found to be intentional to evade alimony, they may be reversed or considered while deciding maintenance.
  • However, if you have a genuine reason for transferring money, such as repayment of past loans or investments in family property, it may be valid.


2. How Many Years of Financial Records Court May Check?

  • Courts generally examine 2-3 years of bank statements and ITRs, but in some cases, they may extend it further, especially if your wife alleges that you transferred money to avoid paying maintenance.
  • If large sums were transferred suddenly, it may raise suspicion.


3. Receiving Salary in Your Mother’s Account

  • If you redirect your salary to your mother's account, it may be viewed as a deliberate attempt to hide income, which can backfire.
  • Courts can ask for salary slips, Form 16, and company records to trace your actual earnings.
  • It is advisable to receive your salary in your own account for transparency.


4. Consideration of PF, PPF & Stocks in Maintenance Calculation


  • Provident Fund (PF & PPF):

    • PF is generally protected from attachment, but courts may consider its existence while determining maintenance.
    • PPF is also protected from direct legal attachment, but it is an asset that reflects your financial standing.


  • Stocks & Investments:

    • Courts can consider stock investments if they are substantial and provide income through dividends or capital gains.


5. Money in Foreign Bank Accounts (USA)

  • If your wife can provide evidence that you have an account in the USA, the court may ask for disclosure of your foreign assets.
  • Lying about foreign bank accounts is risky—if proven, it can negatively impact your case.
  • However, unless the court specifically orders you to disclose foreign assets, they may not be scrutinized unless your wife raises the issue.


6. Ways to Protect Your Money Legally


  • Genuine Investments: Invest in long-term fixed assets like real estate or mutual funds instead of keeping large cash reserves.

  • Loan Repayment: If you have loans or family debts, repaying them can reduce your liquid assets legally.

  • HUF or Trusts: Setting up a Hindu Undivided Family (HUF) or a private trust for family wealth can help in asset protection.

  • Proper Documentation: Ensure that all financial transactions have legitimate justifications.


Final Advice







Instead of taking steps that courts may view as fraudulent, consult a family lawyer to plan legally sound financial strategies. If your wife files for maintenance, you can contest it by proving:

  • She is well-qualified (BE degree) and can earn.
  • She is capable of working and should seek employment within a certain period.
  • Your financial responsibilities and liabilities.

Would you like assistance in drafting a legal strategy to contest maintenance?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
504 Answers

Dear Sir,

First of all, you are suggested that in case you wish to keep the amount in your parents' account, the said account should be under your control. Just keep minimum amount in your bank account. Generally 03 years of bank statement/ITR are asked in the martimonial cases to assess the financial condiiton of the parties. They may say anything but they can't take amount from parents in their favour. It is sugested that you take the salary in your account and then divert the funds as required. You can hide the facts about the USA bank account. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

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