united-states international divorce
Is it legal for a &quot;ready-to-be-divorced&quot; billionaire to donate all his money into foreign charity?
<p>Is it legal for a preparing-to-file-for-divorce billionaire to donate all his money into a foreign charity, give up his current citizenship and then become a high official of said foreign charity if the billionaire doesn't want to give part of his net worth to his wife?</p>

<p>Note: The foreign charity's CEO is the billionaire's father.</p>

<h1>Short Answer</h1>
<blockquote>
<p><strong>It depends on the totality of the facts and circumstances.</strong></p>
<p>But based on your description, this approach is likely problematic and might not withstand judicial scrutiny.</p>
</blockquote>
<h3>Explanation</h3>
<ul>
<li>Plaintiffs can attack this behavior as a <em><strong>sham transaction</strong></em>.</li>
<li>Court could find this to be a <em><strong>fraudulent conveyance</strong></em>.</li>
<li>and provide relief via <em><strong>clawback order</strong></em>.</li>
</ul>
<p><strong>Badges of Fraud</strong> include: (<a href="https://en.wikipedia.org/wiki/Fraudulent_conveyance" rel="nofollow noreferrer">Source: Wikipedia</a>)</p>
<ul>
<li>Becoming insolvent because of the transfer;</li>
<li>Lack or inadequacy of consideration;</li>
<li>Family, or insider relationship among parties;</li>
<li>The retention of possession, benefits or use of property in question;</li>
<li>The existence of the threat of litigation;</li>
<li>The financial situation of the debtor at the time of transfer or after transfer;</li>
<li>The existence or a cumulative effect of a series of transactions after the onset of debtor’s financial difficulties;</li>
<li>The general chronology of events;</li>
<li>The secrecy of the transaction in question; and</li>
<li>Deviation from the usual method or course of business.</li>
</ul>

<p>In the US anyway, there is a duty of transparency, and there is a duty to refrain from hypothecation.  </p>

<p>However, divorces involving billionaires generally follow their own trajectory apart and away from those of the madding crowd.  Does a billionaire not have access to legal resources?</p>
