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Hidden Assets and Divorce: How Will You Know?


Property division is a major focus in any divorce. And, while some property is obvious – like the marital residence, vehicles, and other, personal property – some isn’t. After all, it’s significantly more difficult to “see” bank accounts, retirement accounts, and other assets.

With this comes a problem: how do you know if your spouse is truly disclosing all of his or her assets during a divorce?

The divorce procedure in Illinois is set up to ensure that your spouse doesn’t hide any assets. Or, if they do, it’s designed to uncover them to ensure that you receive the equitable split of property you’re supposed to.

Equitable Distribution in Illinois Property Division

Illinois property division in divorce is done by equitable distribution. This doesn’t mean that all property is split with your spouse 50/50. Rather, the court will divide property in a way it deems fair based on a number of different factors. For example, if your spouse has worked for the 10 years you’ve been married and you stopped working to stay home and take care of the children, it’s likely you’ll receive more property in the divorce.

Remember: all non-marital property belongs to the spouse who received it as an inheritance, gift, or had it before the marriage and has kept it separate.

Finding Hidden Assets

Hidden assets should be exposed during the discovery process. Discovery is the process where you can ask your spouse questions – called interrogatories – regarding the existence of different assets and then force them to produce documents regarding those assets with a request for production. If your spouse complies with these pleadings and documents, you shouldn’t have a problem with hidden assets.

Of course, there are issues, even in the discovery process. Some spouses simply leave off assets whereas others will undervalue assets where they can. For example, your spouse may slow down their business for a period of time to make it appear that it’s earning less than it did previously.

For these reasons, and countless others, it’s important that you work with a Naperville divorce lawyer so he may assist you in doing your due diligence regarding your divorce, potential hidden assets, and property division.

Lawrence R. Surinak Ltd. Will Help Uncover Hidden Assets

If your case is straightforward and you know your spouse isn’t hiding assets, we won’t waste your time or money filing discovery. However, if you believe your spouse is hiding assets, Lawrence R. Surinak Ltd. will strategically use discovery devices to ensure we locate what property your spouse has to what you’re entitled to from it in the equitable distribution of property.

With over 37 years of experience, Larry’s personable, experienced approach to law ensures a fair property division in your divorce. Call him at 630-470-9990 to take advantage of your free consultation today, or request an in-office consultation online by filling out our simple online form. We look forward to hearing from you!

Concentrated on Family Law

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

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About Attorney Lawrence R. Surinak Ltd.

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

We continue to work with clients in Naperville, Wheaton, Lisle, Oswego, Downers Grove, and the surrounding areas to provide one-on-one support and attention that will help you through this difficult time.

If you have any questions or concerns, please feel free to contact us at any time. We look forward to offering our expertise and support to you throughout your case and after.