Des Plaines and Hoffman Estates Law Firm Frequently Asked Questions Video
What if my spouse is hiding assets during our divorce?
Whenever a party is confronted with that feeling that maybe their spouse is hiding marital assets from them, they need to go to their attorney and they need to have their attorney file what we call a motion for dissipation of assets. Basically what that is, is the attorney will then file either a motion or petition that basically is making a claim that one of the parties is secreting or hiding assets.
Once that claim is made, the burden is then shifted and the other party will then have to prove that they are not hiding assets. So it’s a very powerful tool that can be used in the divorce process.
Hiding assets is called dissipation and a claim of dissipation requires that the other party prove that they have not used assets that otherwise would not be a benefit to the family unit. Anything that a party is spending money on that does not directly benefit the marriage at the time the marriage is broken down, would be considered a dissipation of a marital asset.