Dealing With Fraud in Your Divorce

 Posted on February 12, 2025 in Property Division

When a divorce seems imminent, some people get into a panic thinking about their finances. Some people even get desperate enough to attempt to hide marital assets, knowing it is against the law. If you think your spouse is attempting to cheat you in the division of the marital estate, an Illinois divorce attorney can use certain techniques to uncover hidden assets.

At Shaw Sanders, P.C., we have over 30 years of experience handling complex divorce cases across Illinois. We take your financial concerns seriously, and when you work with our firm, we will fight for a favorable resolution to your divorce.

How Are Assets Concealed in a Divorce?

When a divorce goes to court, all marital assets are divided fairly by a judge. Somebody who wants a greater share of the marital estate may attempt to fraudulently conceal these assets so that they are not split up in court. Common methods of hiding assets include:

• Buying expensive items like jewelry with marital funds and then selling them after the divorce

• Keeping hidden bank accounts

• Having another person hold onto marital funds during an ongoing divorce

• Falsifying financial reports

Depending on how well your spouse covers his or her tracks, you may uncover some of these missing assets yourself. If you have concrete evidence of concealed assets, you should meet with a divorce attorney as soon as possible.

How Can The Discovery Process Help Discover Hidden Assets? 

Discovery refers to the legal process of revealing all assets in a divorce. Typically, spouses will ask each other questions through each other’s attorneys to get information about each other’s finances until both sides are content. However, if your spouse is hiding assets, the discovery process may be more intense.

At Shaw Sanders, P.C., we work with forensic accountants who can uncover evidence of fraud in a divorce. With the help of outside experts, we can follow the paper trail until we find the concealed assets. As part of the discovery process, we may look at your spouse’s tax returns, financial statements, loan applications, or even lavish lifestyle choices that would raise an eyebrow.

Making a Dissipation Claim During Divorce

If you can prove that your spouse intentionally concealed or wasted your marital assets, you may have grounds for a dissipation claim. In a dissipation claim, you can be paid out for your lost assets and other costs like attorney’s fees. You must give notice of your intent to claim dissipation within 30 days of discovery or 60 days before your trial, whichever comes last.

You could also be compensated through property division. The courts value fairness in property division, so if you were unjustly denied a part of the marital estate, you could receive a greater share in the split.

Meet With a St. Charles, IL Divorce Lawyer Today

Divorce can come with much financial stress, especially if your spouse is hiding shared assets behind your back. At Shaw Sanders, P.C., our Kane County, IL family law attorneys can help you take action against fraud in your divorce. To schedule a free consultation with our attorneys, call our offices at 630-584-5550 today.