How Can Hidden Assets Affect a Divorce?

 Posted on June 21, 2025 in Division of Assets

During a divorce, financial misconduct can have a major impact on the outcome. Some spouses hide money or property. Others spend large amounts on personal items, affairs, or gambling before the divorce is finalized. These actions can affect property division, child support, and spousal maintenance. Whether your marital estate is large or small, Illinois courts expect honesty and fairness from both spouses.

If you think your future ex is hiding assets or wasting marital funds, do not try to handle it on your own. Our skilled DuPage County, IL divorce lawyers can investigate, gather the right evidence, and work to protect your financial interests.

What Are Hidden Assets in a Divorce?

A hidden asset is any income or property that one spouse tries to conceal from the other and the court. Common examples include unreported business income, secret bank accounts, or property held in someone else's name. Digital assets, such as cryptocurrency, are also sometimes used to hide funds.

Missing or unclear financial records, sudden drops in reported income, or vague answers about spending may be signs that your soon-to-be ex is hiding assets.

What Does It Mean to Waste Assets During Divorce?

Wasted assets, sometimes called dissipated assets, are money or property that a spouse uses for purposes unrelated to the marriage after the relationship has broken down. This may include spending on an extramarital affair, gambling, or buying luxury items for personal use. If one spouse spends a large amount of marital funds for selfish or improper reasons, the other spouse may ask the court for compensation.

To prove dissipation, the spending must have occurred after your marriage began to fail, and you must not have consented to it.

How Are Hidden or Wasted Assets Discovered?

Under Illinois law, both spouses are required to disclose all income, property, and debts during the divorce process. If your spouse refuses to cooperate, we can take legal steps such as subpoenaing financial records, requesting tax documents, hiring a forensic accountant, or questioning your spouse under oath.

Our investigation may reveal hidden accounts, unusual transactions, or wasteful spending. Once this information is presented, the court can consider it when dividing property or ordering support.

How Do Courts Handle Hidden or Wasted Assets?

Because the requirements for financial disclosure are clear, violations are taken seriously. Illinois follows the equitable distribution rule for property division and debt allocation. This means marital property must be divided fairly, not necessarily equally. If the court finds that your spouse hid or wasted assets, it may award a larger share of the remaining property to you. Wasted or hidden assets may also result in higher child support or spousal maintenance amounts being paid to you. In some cases, the court may order repayment or impose financial penalties.

Speak to Our Naperville, IL Divorce Lawyers Today

If you believe your spouse is hiding or wasting assets, our skilled DuPage County, IL property division attorneys can help. Contact Pesce Law Group, P.C. online or by calling 630-352-2240 today to schedule a free consultation. If we find evidence that supports your suspicions, we can make sure the court sees a complete picture before dividing property or determining support.