In re Marriage of Riaz

Summary

Case Summary: In re Marriage of Riaz - The article outlines five prevalent myths about undisclosed assets in Illinois divorce cases that can lead to significant financial losses, as highlighted by the recent *In re Marriage of Riaz* case. It emphasizes the importance of understanding legal realities regarding asset disclosure to prevent costly mistakes during the divorce process.

Myth #1: "If I Sign a General Release in My Settlement Agreement, My Ex Can't Come After Hidden Assets Later"

Why People Believe It: This myth spreads like wildfire through divorce support groups and even some outdated legal advice. People assume that boilerplate "mutual release" language in marital settlement agreements creates an impenetrable shield. They believe that once the judge signs off, the case is closed forever—no matter what assets surface later.

The Reality: The *Riaz* court demolished this assumption with surgical precision. Under Illinois law, you cannot waive what you don't know about. General release language in a marital settlement agreement does not immunize fraudulent concealment of assets. The appellate court applied sections 2-615 and 2-619 of the Illinois Code of Civil Procedure (735 ILCS 5/2-615, 5/2-619) and found that Kashif failed to prove Amerah had knowingly waived rights to assets she didn't know existed.

What This Costs You: Kashif Riaz believed his settlement agreement protected him. Now he faces:

• Potential loss of $1.925 million (half the hidden settlement)
• Years of additional litigation costs
• Appellate fees already incurred
• Sanctions the trial court may impose on remand
• Complete destruction of credibility on all remaining issues

Myth #2: "A Claim That Hasn't Settled Yet Isn't Really an Asset I Need to Disclose"

Why People Believe It: This myth stems from a fundamental misunderstanding of what constitutes "property" under Illinois law. People think: "It's just a potential lawsuit. Nothing's been paid out. How can I divide something that doesn't exist yet?" This reasoning feels logical—and it's completely wrong.

The Reality: Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), a cause of action that accrues during the marriage is marital property—regardless of whether it has settled or even been filed. The *Riaz* court made this crystal clear: Kashif's medical malpractice claim against Northwestern Hospital existed during the marriage. The fact that it was contingent, uncertain, or unresolved didn't matter. The claim was marital property. Period.

What This Costs You: Consider what happened in *In re Marriage of Thornton* (2019 IL App (1st) 181060). The husband argued his stock options weren't "vested" and therefore weren't marital property. The appellate court disagreed. His wife received $445,000 plus statutory interest. The same principle applies to:

• Pending personal injury lawsuits
• Medical malpractice claims under investigation
• Workers' compensation cases
• Employment discrimination claims
• Any legal claim arising from events during the marriage

Myth #3: "My Spouse Will Never Find My Cryptocurrency—It's Untraceable"

Why People Believe It: Hollywood and tech mythology have convinced people that Bitcoin and other digital assets exist in some shadowy, impenetrable realm. "Cold storage wallets can't be subpoenaed." "The blockchain is anonymous." "My spouse doesn't even know what cryptocurrency is."

The Reality: Every major cryptocurrency exchange operating in the United States—Coinbase, Kraken, Binance.US, Gemini—maintains detailed records and responds to legal subpoenas. Blockchain forensics has become a sophisticated specialty. In *In re Marriage of Sharma* (Cook County, 2023), the wife's attorney subpoenaed exchange records from Coinbase and Kraken, revealing transfer patterns that exposed approximately 47 Bitcoin in cold storage wallets—valued at $2.1 million.

What This Costs You: The husband in *Sharma* ended up settling for $1.4 million to his wife, plus assuming all marital debt of $340,000. Total swing: $1.74 million. The forensic trail included:

• Bank statements showing transfers to exchanges
• Peer-to-peer platform records (Venmo, PayPal, Cash App)
• Hardware wallet purchases (Ledger, Trezor devices)
• Email communications with exchange platforms
• DeFi platform transaction histories

Myth #4: "My Business Valuation Is Whatever My Accountant Says It Is"

Why People Believe It: Business owners often believe they control the narrative around their company's value. They've worked with their accountant for years. The books look legitimate. They assume their spouse lacks the sophistication to challenge the numbers—or that courts will simply accept professional valuations at face value.

The Reality: Forensic accountants specialize in dismantling manipulated business valuations. In *In re Marriage of Feldman* (2021 IL App (2d) 200154), the husband provided financial statements showing his manufacturing business valued at $1.4 million. Post-divorce forensic analysis revealed hidden accounts and underreported revenue. True value: $3.5 million.

What This Costs You: The *Feldman* outcome was devastating for the husband:

• Trial court reopened the judgment
• Wife received an additional $1.05 million
• Husband paid $180,000 in attorney's fees
• Husband was sanctioned $75,000 for discovery abuse
• Total exposure: $1.305 million

The wife's $35,000 forensic accounting fee generated a 30:1 return on investment. Common manipulation tactics that forensic experts uncover include:

1. Excessive owner compensation that suppresses profits
2. Personal expenses run through the business
3. Related-party transactions at inflated prices
4. Artificially aged accounts receivable
5. Inventory discrepancies between physical counts and book value

Myth #5: "Once the Divorce Is Final, It's Too Late to Do Anything About Hidden Assets"

Why People Believe It: Finality feels final. People assume that once a judge enters the dissolution judgment, the courthouse doors slam shut forever. They believe statutes of limitations start running from the divorce date. They think they've "missed their chance."

The Reality: Under 735 ILCS 5/2-1401, you can file a petition to reopen a divorce judgment within two years of discovering fraud. The critical word is "discovering"—not "judgment." Amerah Riaz discovered her ex-husband's $3.85 million settlement years after their divorce was finalized. The appellate court's reversal confirms that the statute of limitations runs from discovery, not from judgment.

What This Costs You If You Don't Act: Waiting destroys cases. If you suspect hidden assets but fail to investigate, you may lose the ability to claim you "discovered" fraud later. Courts expect diligence. Protect yourself with ongoing vigilance:

• Monitor public records for lawsuit filings, property transfers, or business formations
• Set Google Alerts for your ex-spouse's name and business entities
• Review social media for lifestyle indicators inconsistent with disclosed assets
• Maintain awareness of mutual contacts who may provide information
• Act immediately when you discover potential concealment

How to Protect Yourself From Misinformation About Hidden Assets

The myths above have cost Illinois families millions of dollars. Don't become the next cautionary tale.

• Verify legal advice with licensed Illinois attorneys—not Facebook groups, not your cousin who went through a divorce, not articles from other states
• Check statutes directly at ilga.gov—specifically 750 ILCS 5/503 for marital property definitions and 735 ILCS 5/2-1401 for post-judgment relief
• Consult recent Cook County and appellate case law—the law evolves, and cases like *Riaz* reshape the landscape
• Retain forensic professionals early—the discovery phase is your battlefield, and every day you wait is a day the opposition gains advantage
• Document everything securely—protect sensitive communications about your case with appropriate privacy measures

Red Flags That Demand Immediate Investigation

If any of these warning signs appear in your divorce, the myths above may be costing you right now:

• Your spouse controls all financial information and resists sharing access
• Sudden "business downturns" coinciding with divorce filing
• Lifestyle clearly inconsistent with reported income
• Reluctance or delays in signing financial affidavits
• Vague, evasive answers about debts, lawsuits, or potential claims
• Unexplained transfers to family members or new business entities
• Medical events during marriage that were never discussed in financial terms

The Bottom Line on Hidden Assets in Illinois Divorce

*In re Marriage of Riaz* isn't an outlier—it's a confirmation. Illinois courts will not tolerate asset concealment in divorce, and the penalties for attempting it far exceed any potential benefit. The myths that circulate through support groups and outdated advice columns continue to decisively rebut cases every day.

Kashif Riaz believed the myths. He thought a contingent claim wasn't an asset. He assumed his settlement agreement protected him. He gambled that his ex-wife would never discover the $3.85 million. He was wrong on every count.

His strategic failure will cost him more than honest disclosure ever would have.

Don't let myths sabotage your hidden assets case. Get fact-based legal guidance from an attorney who knows Illinois law—and knows how to find what your spouse is hiding.

Schedule your strategic consultation now. The opposition is already preparing their forensic assault. Make certain you're prepared first.

References

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