What If My Spouse Is Hiding Assets During Our Divorce?

 Posted on June 26, 2025 in Property Division

Under Illinois law, both parties are required to make full and honest financial disclosures to ensure the asset division component of divorce is fair. However, that does not always happen. If you think your spouse is being dishonest about funds or property, a Plainfield, IL divorce attorney can help you uncover the truth and protect your share of the marital estate.

How To Tell If Your Spouse Is Hiding Assets in Divorce

Financial deception is common in divorce, especially when there is an imbalance in knowledge about marital funds or one spouse has control over the household finances. Sometimes, the signs of hidden assets are subtle, such as unusual bank transactions. In other cases, the concealment is more calculated, such as diverting income through a business or hiding assets under another person’s name. 

Some common signs of hidden assets to look for include:

• Missing bank statements, tax documents, or pay stubs

• Overpayments to creditors or the IRS that could later be refunded

• Newly opened bank accounts or credit cards in only one spouse’s name

• Loans or debts to family or friends with no expectation of repayment

• A business reporting sudden losses or increased expenses

• Property or valuables transferred to another for safekeeping

A single red flag may not confirm wrongdoing. However, a pattern of suspicious activity should not be ignored. Hidden assets can significantly affect your financial future if left unaddressed.

What Illinois Law Says About Hiding Assets During Divorce

Statute 750 ILCS 5/503 governs the division of marital property during the divorce process, requiring the court to consider the dissipation of assets and the conduct of the parties when distributing the marital estate. Illinois courts treat the intentional concealment of marital property as a serious issue. 

Failing to disclose property may lead to severe consequences, including sanctions, attorney’s fees, or a disproportionate award of property to the other spouse. Under 750 ILCS 5/501, the courts can issue temporary restraining orders to prevent one spouse from transferring, hiding, or disposing of property during the divorce process. A temporary restraining order is often used when there is reason to believe a spouse is acting in bad faith.

How a Divorce Lawyer Can Help You Uncover Hidden Assets

Proving financial misconduct requires a thorough understanding of Illinois divorce law, and a qualified attorney can guide you through the legal steps needed to get the accurate information you need. An experienced divorce lawyer can help with the following:

• Filing motions for financial disclosure or discovery

• Requesting subpoenas for bank records and tax returns

• Working with forensic experts to track income or hidden accounts

• Seeking court sanctions or adjustments to the property award

• Reopening a judgment if fraud is discovered post-divorce

Your attorney’s goal is to ensure the division of property is based on full and accurate information, ensuring you are not left with less than you deserve.

Talk to a Lombard, IL Divorce Attorney To Learn More

If you suspect your spouse is hiding assets, you can take immediate legal action. The longer the deception goes unchecked, the harder it may be to recover what is rightfully yours. At The Law Offices of Robert F. Kramer, Ltd., we understand the complexities of financial deception in divorce. Contact us at 630-785-2400 today to schedule a free 30-minute initial consultation with an experienced Bolingbrook, IL divorce lawyer. We will put over 40 years of experience to work for you.