Introduction: The Hidden Income Behind the Pay Stub
In Florida divorce litigation, uncovering the full extent of a spouse’s income is critical. Whether you’re negotiating alimony, child support, or equitable distribution, accuracy matters. But in high-earning households—especially those involving sales professionals, executives, or finance employees—what shows on a W-2 or pay stub may be just the tip of the iceberg.
Bonuses and commissions can represent tens of thousands (or hundreds of thousands) of dollars in additional income. And when divorce is on the horizon, it’s not uncommon for spouses to minimize, defer, or completely conceal these extra earnings.
While Florida law requires full financial disclosure, not all spouses play fair. Forensic accounting and aggressive discovery are often necessary to uncover the truth. A skilled Tampa divorce lawyer knows exactly where to look, what to request, and how to ensure that no bonus or commission goes unaccounted for.
This article explores how bonuses and commissions are often hidden in Florida divorce cases, what red flags to watch for, and what legal tools can be used to reveal them.
Bonuses and Commissions Are Marital Assets—Even If Deferred
Under Florida Statutes § 61.075, the court must equitably distribute all marital assets and liabilities. This includes earned but unpaid income, such as:
- Annual or quarterly bonuses
- Sales commissions earned before the filing date
- Performance-based incentive plans
- Deferred compensation
- Signing bonuses or retention awards
If the bonus or commission was earned (in whole or in part) during the marriage, it is generally considered marital property—even if it’s paid after the divorce is filed or finalized.
A Tampa divorce lawyer ensures that all earned income is captured and considered in both support calculations and property division.
How Bonuses and Commissions Are Hidden
There are several ways spouses try to conceal bonus or commission income during a Florida divorce:
- Deferring the Bonus
The employee asks the employer to delay payment until after the divorce is finalized. - Reclassifying as Reimbursements or Business Expenses
Bonuses may be disguised as “expense reimbursements” or “non-taxable allowances” to avoid scrutiny. - Redirecting to Another Entity
Bonuses or commissions may be paid to a business the spouse controls instead of directly to them. - Using Clawback or Contingency Language
Claiming the bonus is not guaranteed or subject to conditions to argue it should not be included. - Underreporting to the Court
Omitting anticipated bonuses from the financial affidavit or undervaluing expected commission payments. - Receiving Payment Off-Books
In cash-heavy industries or sales roles, commissions may be paid informally or through side agreements. - Banking in Undisclosed Accounts
Bonuses are deposited into secondary or foreign accounts to avoid detection.
Each of these tactics is intended to minimize exposure and maximize retention of income that should rightfully be shared.
Industries Where Concealed Bonuses and Commissions Are Common
Concealed income is especially prevalent in fields where compensation is tied to performance:
- Finance (bankers, brokers, investment advisors)
- Real estate professionals
- Software sales executives
- Pharmaceutical or medical device reps
- Construction sales and project managers
- Professional athletes and entertainers
- Insurance agents and claims professionals
- Executives with complex compensation packages
A Tampa divorce lawyer handling high-net-worth or executive divorces must dig deep into compensation structures and employment contracts.
Red Flags That Bonuses or Commissions Are Being Hidden
Certain patterns should raise suspicion. If your spouse:
- Has unusually low reported income compared to past years
- Shows erratic income patterns without explanation
- Claims they “didn’t earn a bonus this year” despite consistent performance
- Refuses to provide bonus structure documents or compensation policies
- Has lifestyle expenses that exceed reported income
- Claims to be on “draw only” with no commission payout
- Suddenly switches to “base only” compensation close to the filing date
These behaviors are common among spouses trying to mask their actual earnings. A Tampa divorce lawyer knows how to confront these patterns with targeted discovery and expert analysis.
Key Documents a Tampa Divorce Lawyer Will Request
Uncovering bonuses and commissions requires more than just a W-2 or tax return. A thorough Tampa divorce lawyer will demand:
- Full employment contract and offer letters
- Bonus and incentive plan descriptions
- Commission structure agreements
- Historical bonus payout records (past 3–5 years)
- Pay stubs showing year-to-date earnings
- Bank statements for direct deposit verifications
- Employer-prepared compensation summaries
- Deferred compensation or RSU award letters
- 1099s for performance incentives or outside earnings
These documents provide the context needed to analyze actual income versus claimed income.
Discovery Tools to Uncover Hidden Income
If voluntary disclosures are incomplete or suspicious, formal discovery can force compliance. Tools include:
- Interrogatories
Written questions about all compensation components, past and future. - Requests for Production
Demands for documentation of bonuses, commissions, and employer communications. - Depositions
Sworn questioning of the spouse or their HR department about earnings. - Subpoenas
Issued to employers, banks, or accountants for third-party verification. - Expert Forensic Accounting
Tracing deposits, reconstructing income patterns, and identifying discrepancies.
A Tampa divorce lawyer can compel cooperation from reluctant spouses and ensure the court has a complete financial picture.
Deferred Compensation and Vesting Schedules
Executives and sales professionals often receive performance pay through:
- Restricted Stock Units (RSUs)
- Stock options
- Performance shares
- Deferred cash bonuses
- Retention awards
These forms of compensation may vest over time, but if earned during the marriage, a portion may be considered marital.
For example: A bonus awarded for performance during years 3–5 of a marriage but paid in year 6 may still be partially marital—even if vesting occurs later.
A Tampa divorce lawyer works with financial professionals to allocate these assets based on coverture fractions or time-based valuation models.
Case Example: The Deferred Commission Trap
A Tampa-based commercial real estate broker filed for divorce in March. His financial affidavit reported $80,000 in YTD income. But discovery revealed that he had deferred two major commissions—worth over $300,000—until after the divorce was finalized.
The commissions had already been earned but weren’t scheduled for disbursement until August.
The court ruled that the commissions were marital assets and imputed the income for purposes of both alimony and equitable distribution.
This outcome was only possible because the opposing party’s Tampa divorce lawyer issued precise subpoenas to the broker’s agency and deposed the firm’s managing partner.
How Bonuses and Commissions Affect Support Calculations
In Florida, both alimony and child support are based on income—not just base salary. Concealed or unreported bonuses and commissions can significantly distort these calculations.
For alimony, courts consider:
- Standard of living during the marriage
- Need and ability to pay
- Length of marriage
- All sources of income
For child support, the guidelines use gross income—including:
- Salary and wages
- Bonuses, commissions, and self-employment income
- Investment returns
- Deferred compensation when vested
If bonuses are irregular, a Tampa divorce lawyer may propose an averaging method—e.g., three years of bonus history—to stabilize the numbers.
Courts can also reserve jurisdiction to adjust alimony or child support annually if future bonuses fluctuate significantly.
When Concealment Becomes Fraud
Actively hiding bonuses or commissions can rise to the level of fraud upon the court. Florida courts treat this very seriously.
Potential consequences include:
- Awarding 100% of the concealed asset to the innocent spouse
- Reopening final judgments under Rule 1.540(b)
- Sanctions for contempt of court
- Reimbursement of attorneys’ fees
In extreme cases, a spouse may be criminally charged for perjury or tax fraud if concealment crosses into illegal territory.
A Tampa divorce lawyer will preserve the evidentiary record for future enforcement or post-judgment action if concealment is discovered after the divorce is finalized.
Using Lifestyle Analysis to Prove Undisclosed Income
When a spouse’s reported income doesn’t match their spending habits, lifestyle analysis can reveal concealed earnings.
Indicators include:
- Luxury purchases inconsistent with reported income
- Frequent travel, dining, or entertainment expenses
- Real estate or car leases not supported by disclosed finances
- Private school or club memberships
A forensic accountant working with a Tampa divorce lawyer can prepare a cash flow analysis that exposes the gap between stated income and lifestyle. That discrepancy often leads to further discovery and ultimately the truth.
Tactical Considerations in Negotiation and Settlement
Uncovering hidden bonuses or commissions gives leverage in divorce negotiations. Options include:
- Demanding an offset in asset division
- Requiring disclosure of future commissions for 12–24 months
- Negotiating a percentage of bonus payments for a fixed term
- Structuring alimony around expected commission windows
- Including indemnification clauses for missed disclosures
A Tampa divorce lawyer will draft settlement language that protects the client even if additional bonuses are paid later.
Post-Judgment Relief for Newly Discovered Income
If concealed commissions or bonuses are discovered after the divorce is finalized, Florida law allows the court to reopen the judgment under Rule 1.540(b), based on:
- Newly discovered evidence
- Fraud, misrepresentation, or misconduct
- Mistake or inadvertence
However, time limits apply, and evidence must be clear and convincing.
A Tampa divorce lawyer can evaluate whether post-judgment relief is appropriate and pursue sanctions or redistribution if warranted.
Preventing Concealment Through Smart Drafting
Prevention is always better than reaction. A Tampa divorce lawyer can include language in the marital settlement agreement that:
- Requires ongoing bonus disclosure for a set period
- Ties support to a percentage of gross income, not base salary
- Includes “clawback” provisions if hidden income is later discovered
- Allows for recalculation of support upon future bonus payments
This proactive approach ensures fairness and reduces the chance of post-divorce litigation.
Conclusion: Bonuses and Commissions Require Scrutiny
In any Florida divorce involving high earners, variable compensation must be analyzed in detail. Bonuses and commissions are not optional income—they are real, often substantial, and subject to equitable division.
Spouses who try to conceal these earnings risk serious consequences. And those who fail to investigate them risk being shortchanged.
A Tampa divorce lawyer experienced in complex income structures will:
- Demand full financial disclosure
- Subpoena employer records
- Work with forensic accountants
- Prove when bonuses and commissions are earned
- Secure fair support and property division
Dividing a marriage is hard. Dividing hidden income is harder. But with the right legal strategy, concealed compensation doesn’t have to stay concealed for long.
FAQ: Concealed Bonuses and Commissions in Florida Divorce
Are bonuses considered marital property in Florida?
Yes, if earned during the marriage—even if paid after the divorce is filed.
Can a spouse hide bonuses from the court?
They can try, but if discovered, it may lead to sanctions, unequal distribution, or reopening of the judgment.
How can I prove my spouse has hidden commissions?
Subpoenas to employers, pay stubs, bank records, and expert forensic analysis are all tools your Tampa divorce lawyer may use.
What if the bonus is discretionary or hasn’t been paid yet?
If it was earned during the marriage, even discretionary bonuses may be considered marital.
Will bonuses affect alimony or child support?
Yes. Bonuses and commissions are counted as income for support calculations.
Can I get a share of future commissions after divorce?
Yes, through negotiated settlements or if the court reserves jurisdiction.
What if I find out about a hidden bonus after the divorce is over?
You may be able to reopen the case for fraud or newly discovered evidence.
Are stock bonuses or RSUs included in divorce?
Yes, if they were earned or granted during the marriage.
Can bonuses be divided even if they’re paid through a business?
Yes. Courts look at beneficial ownership and control—not just who holds the check.
When should I talk to a Tampa divorce lawyer?
Immediately. Early legal action ensures concealed bonuses and commissions don’t go unchallenged.
The McKinney Law Group: Guiding Tampa Clients Through Divorce with Clarity and Care
At The McKinney Law Group, we know that divorce can feel overwhelming. That’s why we guide Tampa clients through every step of the process with strategic planning, strong advocacy, and a focus on the future—not just the conflict.
We assist with:
✔ Filing for divorce and setting the legal groundwork
✔ Creating custody and time-sharing plans that work
✔ Dividing assets, investments, and shared property
✔ Managing support obligations that are fair and sustainable
✔ Revisiting agreements through court-approved modifications
Call 813-428-3400 or email [email protected] to get started.