In divorce litigation—and especially in high-asset or high-net-worth divorces in which there is significant marital or community property—any financial manipulation or fraud of personal or business finances may have a significant effect on the marital or community property that is available for division, and on spousal support and child support payment amounts.

One or both spouses in a divorce may hire a forensic accountant to discover any hidden or secreted assets or manipulated financial documents that may prevent the court from having an accurate accounting of the marital or community property assets and the spouses’ incomes.

A forensic accountant is generally an accountant with expertise in detecting financial fraud or manipulation in personal and business tax returns, bank accounts, investment accounts, retirement accounts, broker accounts, offshore accounts, cash, cryptocurrency, jewels, art, cars, yachts, airplanes, real estate, life insurance policies, and related financial documents.

This financial investigation work is often referred to as tracing, financial tracing, asset tracing, or forensic accounting, and generally involves “following the money” by tracing a piece of financial information or data back to its source.

In Illinois, during divorce proceedings, particularly in cases involving high assets or significant property, financial manipulation or fraud can greatly impact the division of marital property, as well as spousal and child support determinations. Illinois is an equitable distribution state, meaning that marital property is divided in a manner that is fair but not necessarily equal. Discovery of hidden assets or financial deception can alter what is considered 'fair' in the division of assets. To uncover such discrepancies, one or both spouses may employ a forensic accountant. These professionals specialize in identifying irregularities in various financial documents and assets, including tax returns, bank and investment accounts, and tangible assets like real estate and luxury items. The process, known as financial tracing or forensic accounting, is crucial for ensuring that all marital assets are accounted for and properly assessed during the divorce process. The findings of a forensic accountant can be used as evidence in court to argue for a more equitable division of assets and appropriate support payments. Illinois courts rely on accurate financial disclosures to make informed decisions regarding asset division and support, and any discovered financial fraud can lead to legal consequences for the offending party.