What Are Some Signs That a Spouse is Hiding Assets in an Illinois Divorce?

 Posted on March 31, 2026 in Division of Assets

Some spouses are very inventive about ways to try to come out with the upper hand in a divorce. One area that spouses seem especially prone to manipulate is finances. Maybe it’s because they’re selfish. Maybe it’s because they’re petty. Maybe it’s because they’re a narcissist who genuinely believes that they’re owed extra when the final settlement is made.

In any case, it’s not uncommon for one spouse to try to hide money or other assets so they get a bigger piece of the pie in divorce. This is not only unethical; it’s illegal. Illinois courts are very concerned with a fair division of property between divorcing spouses in 2026. If you think your spouse might try to game the system as you approach your divorce, watch for the following red flags and contact a DuPage County divorce attorney for help keeping them honest.

What Kinds of Property Do Illinois Courts Divide in Divorce?

Before diving into ways that spouses hide assets, it’s important to understand which of those assets the court will subject to division during your divorce proceedings. Property is divided into two categories for Illinois divorces: marital and non-marital. Under law 750 ILCS 5/503, non-marital property is generally anything that you got before the marriage or after a judge declared that you and your spouse were legally separated. Gifts or inheritances you are given are also generally non-marital.

Marital property is everything you got after you and your spouse married. It can include:

• Real estate: Your home, vacation homes, and investment properties

• Bank accounts: Savings accounts, checking accounts, and sometimes brokerage accounts

• Retirement & Pensions: 401(k)s, IRAs, and pension plans accumulated during the marriage

• Vehicles

• Personal property: Household furniture, artwork, electronics, etc.

• Business interests in businesses started or grown during the marriage

Property division can also include debts. Just because you’re divorced doesn’t mean the creditor is going to forgive a debt with both your names on it.

Illinois uses a principle called equitable distribution that says that these assets will be divided fairly. In other words, both people will walk away from the divorce with a fair amount of the marital property value, given their situation. Courts look at factors like each spouse's income, the length of the marriage, and each person's contribution to the household during division.

What Are Common Warning Signs That a Spouse Is Hiding Assets?

Here are some of the most common tells that your spouse is hiding assets:

Sudden Secrecy Around Financial Documents

One of the clearest signs is a sudden change in how your spouse handles financial paperwork. Watch for things like:

• Redirecting bank statements or financial mail to a new address or P.O. box

• Password-protecting accounts that used to be shared

• Refusing to let you access tax returns, pay stubs, or investment statements

• Moving financial files from a shared computer

If your spouse was once open about finances and is now guarded, start paying close attention.

A Noticeable Drop in Income or Cash Flow

Some people will try to make their income appear lower than it really is. A spouse may ask an employer to delay a raise or bonus until after the divorce is final. They may also overpay the IRS intentionally. The excess eventually comes back as a tax refund – after the divorce is settled.

If your spouse is self-employed or runs a business, they might delay invoicing clients, pre-pay expenses, or claim the business is struggling without clear justification.

Assets or Money That Disappear

Some spouses temporarily transfer assets to someone else like a friend or business partner, with the plan to get them back once the divorce is final. This could look like a sudden "loan" to someone you don't know well, a gift that seems out of character, or property that has quietly been sold.

This includes digital assets. Cryptocurrency accounts and online investment platforms are sometimes used to move money in ways that are harder to track.

What Can Be Done If You Suspect Your Spouse Is Hiding Assets?

Something called "discovery" can be used during the divorce process to find hidden assets. This allows your attorney to request financial records, tax returns, business documents, and bank statements. Depositions can also be used to ask your spouse or third parties questions under oath. Tell your lawyer if you suspect asset hiding so they can use these tools to check. A forensic accountant can also be hired to follow the paper trail if needed.

If a judge finds that a spouse intentionally hid assets, the consequences can include a less favorable property division for the offending party or, in more serious situations, additional legal penalties.

Call a Naperville, IL Divorce Attorney Today

If you think your spouse may be hiding assets, now is the time to find out for sure. Our DuPage County divorce lawyers at Pesce Law Group, P.C. have nearly two decades of legal experience in divorce and family law. Attorney Pesce is also Court-approved in DuPage County to serve as a Guardian ad Litem, child's representative, or mediator for custody and visitation matters, making Pesce Law Group, P.C. a well-rounded resource for families navigating complex divorces. Call Pesce Law Group, P.C. at 630-352-2240 today for your free consultation.