Is My Spouse Hiding Assets During Our Divorce?

 Posted on September 25, 2025 in Family Law

Hidden assets during the divorce process can unfairly impact how decisions about property, child support, and spousal support are made. To protect yourself, consider the signs that your spouse might be hiding property. Then, speak with our Geneva, IL divorce lawyers. We will fight to protect your rights and hold your spouse accountable.

Signs That Your Spouse Could Be Hiding Assets During Divorce

Some people are not open about money during a divorce. If you notice unusual behavior, it may be a red flag. Some common warning signs that a spouse is hiding or dissipating assets include:

• Sudden changes in spending habits: If your spouse begins spending large amounts of money without explanation, it may mean they are trying to reduce the balance of a joint account.

• Transferring property or money to others: Some people move money into a friend’s or relative’s account to hide it until after the divorce.

• Unexplained debt: Taking on new loans or credit card balances without reason can be a way to hide cash.

• Delaying bonuses or pay raises: A spouse might ask an employer to hold back on transferring a bonus or commission until the divorce is over.

• Unreported income: A spouse may hide money by making business profits appear lower or concealing investment earnings.

Paying attention to these signs early can help your attorney act quickly to uncover missing assets.

What Does Illinois Law Say About Hiding Assets During Divorce?

Illinois law requires both spouses to fully disclose all marital and non-marital property. Under 750 ILCS 5/503, marital property includes nearly everything acquired during the marriage, from bank accounts to real estate.

The law also requires financial affidavits. Each spouse must complete one under oath, listing all income, property, debts, and expenses. Lying on this form can lead to serious penalties. According to 750 ILCS 5/501, courts may order temporary relief if your spouse is not honest about money. They can freeze accounts to ensure your spouse does not dissipate or move assets.

Should the court discover that your spouse hid assets after the divorce, the judge can reopen your case. They have the power to award the entire hidden asset to you as punishment for your spouse. The judge may also order your spouse to pay fines or cover your attorney’s fees.

How Are Hidden Assets Discovered During an Illinois Divorce?

Attorneys use several tools to uncover assets that one spouse may try to hide during a divorce. One common method is through discovery requests, where lawyers can demand financial documents such as bank statements, tax returns, or business records. Depositions are another tool, requiring a spouse to answer questions under oath. If someone lies during a deposition, they could face perjury charges.

Subpoenas may also be used, allowing the court to order banks, employers, or other third parties to provide financial information. In more complex cases, attorneys often bring in forensic accountants. These financial experts can track hidden money by looking at unusual transfers, shell companies, or missing transactions. Together, these strategies help reveal the full financial picture and ensure that property division is fair.

Schedule Your Free Consultation With a Kane County, IL Divorce Attorney

At Serrano Hanson & Hurtado, LLC, our Geneva, IL divorce lawyers have the experience and resources to uncover the truth and fight for a fair outcome. Beyond family law, our attorneys bring a valuable perspective from years of serving in many areas of the legal system.

Members of our team have worked as criminal defense attorneys, prosecutors, and clerks for judges, as well as in other important legal roles. We are licensed to practice in Illinois state courts and also represent clients in select federal cases. This wide range of experience allows us to approach your divorce with strong insight and proven strategies. Contact us today at 630-844-8781 to schedule your free consultation. We offer services in Español.