Finding Out Your Spouse Hid Assets After the Divorce Is Final

 Posted on April 25, 2025 in Divorce

A poll among U.S. adults found that two out of five spouses admit to having committed some act of financial deception during the marriage. Unfortunately, while financial infidelity can play a significant role in the end of a marriage, it can also spill over into divorce.

Financial infidelity can place a tremendous strain on a couple’s relationship, leading to arguments, a breakdown of trust, and even divorce. The most common forms of financial infidelity during a marriage are hiding purchases, hiding a bank account, and hiding cash from a spouse. Lying about income or debt is also high on the list.

Men tend to be more likely than women (47 percent vs. 39 percent) to report committing financial deception during marriage; that figure tends to increase during divorce, with significantly more men hiding assets from their wives than vice versa. (Almost 63 percent of women felt "strongly" that their husbands hid assets from them during the divorce).

While spouses should be aware of the signs of hidden marital assets during a divorce, what happens when a spouse discovers, after the divorce is final, that the other spouse concealed assets? Is there any recourse at this point? If so, is the process worth the potential reward? Having an experienced Plainfield, IL divorce lawyer answer these questions for you is extremely important.

Is Hiding Marital Assets During Divorce Illegal?

When financial disclosures are ordered in a divorce, this means that all marital assets must be disclosed. Hiding marital assets is not only unethical, but it is also illegal. If a judge finds out that a spouse is deliberately hiding marital assets to avoid having to split them with the other spouse, fines could be imposed.

In more serious cases, the spouse hiding assets could spend time behind bars. Depending on the situation, the judge may order the spouse who hid assets to pay the other spouse’s attorney fees or could even award more marital assets to the non-guilty spouse.

When Is It Too Late to Bring Hidden Marital Assets to the Attention of the Court?

Many divorced people later say they had a "feeling" that their spouse was hiding assets during the divorce, but either could not prove it or simply wanted the divorce over and done with, so they let it go. In most cases, the amount of assets hidden is unlikely to warrant reopening a divorce, which can be time-consuming and expensive.

But what if you find out that your spouse hid a significant amount of marital assets, leaving you struggling financially while he or she appears to be financially stable? In the state of Illinois, a divorce case can sometimes be reopened if one spouse discovers after the divorce is final that there was deliberate deception and dishonesty regarding the disclosure of marital assets.

If you discover concealment of marital assets after the divorce, it may be reopened under the laws surrounding fraudulent concealment. There is a two-year clock that begins from the date the hidden assets were discovered or when they reasonably should have been discovered, with a maximum of five years following the finalization of the divorce.

Proving a Spouse Hid Marital Assets During the Divorce

The burden of proof in these cases is on the individual claiming that the other hid marital assets. This means that you must show that the marital assets hidden were substantial in nature and that you could not reasonably have discovered the concealed assets sooner. You will need compelling evidence, including a paper trail and possibly the work of a forensic accountant, to lend credibility to your claim.

Be aware that unless the amount of marital assets hidden by your ex is significant, the court is not likely to reopen your divorce. It is important that you carefully weigh the potential financial benefits against the cost of proving in court that your ex lied about marital assets.    

Contact a Will County, IL Divorce Lawyer

If you suspect your spouse is hiding marital assets during the divorce, or that your ex-spouse hid a significant amount of marital assets, speaking to an experienced Joliet, IL divorce attorney from Reeder & Brown, P.C. can be beneficial. Our attorneys are honest, trustworthy, and transparent. Call 815-885-5980 to schedule your free consultation.