What Happens When a Spouse Refuses to Disclose Income in an Illinois Divorce?

 Posted on June 30, 2026 in Finances and Divorce

A spouse who hides assets during divorce or quits a job before filing for divorce can throw off every financial calculation in your case. In 2026, Illinois courts have two main tools to address this: financial disclosure requirements backed by serious penalties, and the power to impute income based on what a spouse is capable of earning. Both methods can apply to child support and spousal maintenance. 

A St. Charles, IL divorce attorney can help you gather the evidence to challenge the income your spouse reports and make sure support calculations are based on accurate numbers.

What Are the Penalties for Hiding Income in an Illinois Divorce?

Illinois divorce cases involving support, maintenance, attorney’s fees, or property division usually require each spouse to complete a financial affidavit. This sworn document lists all income, assets, and debts. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/501, a spouse who intentionally or recklessly files an inaccurate or misleading affidavit can face serious penalties. 

The court can order the offending spouse to pay your attorney's fees and court costs. In serious cases, knowingly making a material false statement on a sworn affidavit may also be a Class 3 felony under 735 ILCS 5/1-109.

How Do Illinois Divorce Courts Investigate Hidden Income?

After both spouses file their affidavits, the discovery process begins. Each side can request tax returns, bank statements, pay stubs, and investment records. If the affidavit numbers do not match those records, your attorney can raise that gap with the court. 

In complex income cases, a forensic accountant may be brought in to trace income through business accounts and financial documents. These professionals are trained to identify gaps between what someone reports and the full financial picture.

What Is Imputed Income and When Can an Illinois Court Use It?

According to the U.S. Bureau of Labor Statistics, 4.8 million Americans were working part-time in May 2026 because they could not find full-time work. Courts understand that employment situations are not always straightforward. 

However, when a spouse is voluntarily unemployed or earning far less than their background and skills allow, an Illinois court can assign them an income figure based on their actual earning potential. This is called imputed income, and it prevents a spouse from lowering their support obligation by choosing not to work or by taking a job that pays less than they are capable of earning.

Under 750 ILCS 5/505, to determine a realistic earning level, Illinois courts look at several factors:

• Work history and past earnings

• Job skills and education level

• Types of jobs currently available in the area

• Typical pay for those jobs in the local market

These factors feed directly into the child support and maintenance calculations that follow.

How Does Imputed Income Affect Child Support and Spousal Maintenance in Illinois?

The court must hold a hearing before it can assign income to a parent for child support. Both parties may present evidence, and the court must reduce its findings to writing. These requirements stem from 2025 changes to the statute and give both parties a fair process before income is assigned.

Under 750 ILCS 5/504, spousal maintenance works differently. The court does not hold a separate hearing on earning capacity. Instead, the court weighs both current income and each spouse's realistic earning potential when deciding the amount and duration of payments. 

How Do Illinois Courts Handle Income Concealment by Self-Employed Spouses?

Self-employed spouses create special challenges for child support and maintenance calculations because their income is self-reported, with no employer to verify what they actually take home. Business owners can run personal expenses through the company, delay billing clients, or prepay vendor costs to make income appear lower than it is. 

Some spouses underreport in subtler ways. They may leave out rental income, fail to report dividends, or fail to mention a bonus that appears on prior tax returns. A forensic accountant can work through several years of tax returns, profit and loss statements, and bank records to identify what a spouse truly earns.

Talk to a St. Charles, IL Divorce Attorney Today

Income disputes in divorce often require both legal strategy and financial analysis. Attorney Tim Weiler at Weiler & Associates, P.C. is a Certified Financial Litigator with specific experience litigating or settling very complex financial matters in divorce. Contact our Kane County, IL hidden assets lawyers to schedule a consultation. Call 630-331-9110 today.