What if My Spouse Lies Under Oath During Our Divorce?

 Posted on October 09, 2026 in Divorce

Lying under oath during a Maryland divorce is not usually prosecuted as a crime. A spouse found to be lying will lose credibility with the court, though, which often affects rulings on things like property division, custody, and payment of attorney fees.

If you believe your spouse has been dishonest in your 2026 divorce, an Annapolis, MD divorce lawyer can help you build a case.

When Is a Spouse Under Oath During a Maryland Divorce?

Many of the statements made during a divorce are sworn. A spouse is typically under oath when they:

• Fill out a financial statement listing income, expenses, assets, and debts.
• Answer written interrogatories.
• Give testimony at a deposition.
• Testify at a hearing or at trial.

A false statement in a sworn document can be treated much like a false statement made on the witness stand.

When a spouse lies under oath, it’s common for the lie to involve money. A spouse might underreport cash income, undervalue a business, or omit one of their bank accounts. Other lies may involve conduct, such as denying an affair they spent marital funds on or making false claims about the other parent in a custody dispute.

Will Perjury Affect Divorce Proceedings in Maryland?

Lying in a divorce can be perjury if the false statement is made willfully and is about a material fact. A material fact is one that could affect the outcome, like the value of an account or how much your spouse earns.

Perjury is a misdemeanor that can technically carry up to 10 years in prison (Maryland Criminal Law Code Section 9-101). The decision to charge perjury is separate from a divorce case and belongs to the State’s Attorney.

How Can Your Spouse Lying Under Oath Affect Issues in Your Divorce?

If your spouse is found to have actually been dishonest, it can affect divorce proceedings in several ways. If they misrepresented their income or lied about spending marital funds, for example, the judge may consider hidden assets or money improperly spent when deciding how to divide marital property and whether to award you money.

A spouse’s loss of credibility if they are caught lying can also affect issues like child custody. A spouse’s rights to their children will not be revoked, even if they’re caught lying under oath. They may not be granted as much decision-making power or time with their children, though, if their dishonesty raises concerns about what is best for the children.

Your spouse may also face direct financial penalties. If they are held in contempt of court for disobeying a court order, they may have to pay fines. Lying under oath alone does not automatically amount to contempt. The judge may also order them to pay costs such as your attorney’s fees when the law allows it.

How Can You Prove Your Spouse is Lying in a Maryland Divorce?

The strongest case relies on more than your word versus your spouse’s. Through the discovery process, your attorney can request or subpoena bank statements, tax returns, pay records, and business books to see if your spouse has been honest about their finances. Lifestyle choices that don’t match your spouse’s reported income, such as social media posts showing vacations or large purchases, can also raise questions about hidden income or how marital money was spent.

In some cases, a forensic accountant or business appraiser may help trace what was left out. If your spouse refuses to turn over records, the court can impose sanctions.

Inconsistencies during cross-examination can show that your spouse is being dishonest. If you know or suspect your spouse is lying, tell your attorney so they can request the needed documents and decide what questions they will ask during any trials that are held.

Call a Columbia, MD Family Law Lawyer Today

The honesty of both parties is very important for fair – and legal – divorce proceedings. Lies about finances or the other spouse’s behavior can affect many issues in a divorce.

At DM Family Law, you’ll work with an attorney who brings more than 20 years of experience and a personal, client-centered approach to every case. Call DM Family Law at 443-545-8100 to talk to our Annapolis, MD divorce attorney today.