How Do I Know if My Spouse Is Not Disclosing Assets?
Posted on April 23, 2025 in Asset Division
Under Illinois law, marital property belongs to both spouses and is to be divided in a divorce. Several factors can complicate the process, including hiding assets to avoid equitable division, especially in a high-asset or complex divorce. When you work with an experienced legal representative, you may find hidden assets you did not know you had the right to share ownership of. If you suspect your spouse is withholding information about valuable property, consider working with an experienced DuPage County, IL hidden assets attorney.
Where Do I Look For Potential Hidden Assets in a Divorce?
Finding hidden assets starts with a thorough research process. Some ways that your attorney may work with you to look for undisclosed property include:
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Examining tax returns: Looking through the last two to five years of returns could reveal some income you did not know about or inconsistencies that require further analysis.
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Checking public records: Sometimes, public documents, such as judgments, tax assessments, and business records, can have useful information accessible online or at your local county courthouse.
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Reviewing bank and credit card statements: Your attorney may subpoena bank records, but you may also review accounts that you can already access to look for suspicious activity.
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Using a forensic accountant: If your financial information is complex and you feel confident that your spouse is hiding something, you can hire a forensic accountant to dig deeper into income and property records.
Any information you can bring to your attorney could aid in the process. Talk to them first to see what you may need to start the investigation.
How Does Someone Hide Assets in a Divorce?
People trying to keep assets from their spouse in a divorce may undervalue items like collectibles, art, and tools. Sometimes, they will use cash or savings belonging to you both to pay off a physical asset, such as a house or car. Splitting these physical assets is much harder than splitting a bank account.
"Old debt" may mysteriously materialize in the form of your spouse paying off a friend to whom they claim to owe money, only for the friend to give it back to them once the divorce is finalized. Among the most unethical tactics is creating a bank account under a shared child’s personal identification information.
Will My Spouse Be Penalized if I Find Hidden Assets?
There are legal consequences for hiding assets to prevent their equitable distribution. Often, the spouse who hid property will have to pay all court costs and associated legal fees incurred while discovering the hidden asset. Sometimes, the judge will award full ownership of the undisclosed asset to the spouse who was deceived. If the discovery of hidden assets occurs after the divorce settlement is awarded, the court may nullify the settlement and order that some or all of the asset division process be relitigated.
Speak to a Wheaton, IL Hidden Assets Attorney Today
If you suspect your spouse is hiding assets from you during the divorce, you may need an experienced DuPage County, IL hidden assets lawyer to help you uncover them. At Andrew Cores Family Law Group, we understand how contentious the divorce process can be and will work with you to fight for a fair settlement. Call 630-871-1002 today to schedule a free consultation.