Should You Be Worried About Hidden Assets in Your Divorce?

 Posted on December 31, 2025 in Illinois Divorce

Before filing for divorce, a devious spouse may try to hide assets to get a larger share of the marital estate. This behavior may be motivated by greed or fear of future financial insecurity, but no matter the reason, you do not deserve to be cheated out of property. A skilled St. Charles, IL divorce lawyer can help you identify hidden assets and advocate for a fair division of the marital estate under 750 ILCS 5/503.

In cases like these, your attorney may recommend hiring a forensic accountant. These professionals can study several years’ worth of tax returns, bank statements, and other financial records to uncover evidence of hidden assets. At Weiler & Associates, P.C., we regularly work with financial professionals to assist with divorce cases.

Warning Signs for Hidden Assets in 2026

According to the National Endowment for Financial Education®, two out of five Americans admit to committing "financial deception" against their spouses. Some conditions that create greater opportunity for assets to be hidden include:

• Wealth: A couple may have multiple sources of income. In a high net worth divorce, assets may be spread across bank accounts, real estate holdings, and expensive personal property. The more complicated the marital estate, the more options a spouse has for hiding places.

• Business ownership: In a business owner divorce, the other spouse may know very little about the day-to-day operations. This can make it easy for the business owner to hide marital assets under the umbrella of the business. Business assets can be undervalued, false debts can be created, and so on.

• Unusual hobbies or interests: If one spouse has an unusual hobby that the other knows little about, they could use the hobby to hide assets. For example, he or she could invest thousands of dollars in equipment for a boat or airplane and then claim the items have little value. The same can be done with a collection of expensive watches or artworks. Physical assets can also simply be hidden away while your spouse claims they were lost or sold at a low price.

• International connections: If one spouse was born in or has close contacts in a foreign country, they could hide assets there.

• Children or close family: One spouse could title assets in the name of a child or a family member so that those assets would not appear under their name.

An experienced forensic accountant can look at changes in your financial records from year to year. Discrepancies in records may suggest hidden assets at play. An independent valuation of all major assets can also help ensure a fair distribution of property.

How Discovery Methods Can Help Uncover Hidden Assets

When you go through a divorce in Illinois, both spouses must give full and honest information about money and property. This can feel stressful and confusing, but you are not on your own. The court gives your lawyer tools to help gather facts and check that nothing important is missing.

These tools are called "discovery methods." Your attorney can send written questions, called interrogatories. Your spouse must answer them under oath. Your attorney can also request documents such as bank statements, tax returns, business records, or credit card bills. Gaps and patterns in these papers may show that something is missing.

Depositions are another method. In a deposition, your spouse must answer questions in person while under oath. Their answers are recorded. If the numbers do not add up, your lawyer can push for more details. In some cases, experts like forensic accountants may be used. They can review complex records, track transfers, and spot hidden accounts.

Penalties for Hiding Divorce Assets in Illinois

In most Illinois divorce cases, each spouse must fill out a sworn financial affidavit. This form lists income, bank accounts, retirement plans, property, and debts. You sign it under oath, promising that it is complete and truthful. The court and the other side rely on this document to understand your true financial picture.

If a spouse hides assets or lies on a financial affidavit, the judge can take action. The court may give the other spouse a larger share of the marital property, or in some cases, the judge can award all or most of the hidden assets to the spouse who was not caught engaging in deception. The court may also order the spouse who was hiding assets to pay the other side’s attorney’s fees or costs related to uncovering the truth.

Lying on a financial affidavit is a form of perjury, which is a crime. Criminal charges in divorce cases are not common, but they are possible. Just as important, a false affidavit can seriously hurt a person’s credibility. Once a judge discovers a spouse’s dishonesty, it becomes much harder for that spouse to present him or herself as a neutral party.

Contact a Kane County, IL Divorce Lawyer

If you need help protecting your assets in your divorce, be sure to seek legal representation. Consult an experienced St. Charles, IL family law attorney at Weiler & Associates, P.C. for guidance. To get started, call 630-331-9110 today.