Can an Order for Property Division Be Changed After Divorce?

 Posted on September 29, 2025 in Division of Property

One of the main elements that needs to be addressed in any divorce is property division. It profoundly impacts your financial future, but the judge's final order is not always set in stone. In Illinois, the rules about changing a property division order are strict, but there are certain situations where you may be able to ask the court for a modification. Before you do, talk to an Arlington Heights, IL divorce lawyer to learn more about your rights and legal options.

Is Property Division Final in an Illinois Divorce?

Illinois law makes a clear distinction between property division and other parts of divorce, such as child support or spousal maintenance. Under 750 ILCS 5/503, the court must identify and divide all marital and non-marital property at the time of the divorce. Typically, once this order is entered, it is considered final and cannot be modified later.

This is different from support obligations, which may be changed if circumstances change. Property division is meant to create a permanent settlement between spouses so both can move forward with certainty. However, there are exceptions.

What Happens if I Find Out My Ex Hid Assets During Our Divorce?

The main exception to the rule involves fraud or concealment. If your spouse failed to disclose property or lied about its value, you may ask the court to reopen the case. Illinois courts allow post-judgment relief when fraud is discovered, often through a petition under 735 ILCS 5/2-1401. This statute lets you challenge a judgment if you can prove that important evidence, such as hidden assets, was kept from the court.

If the judge finds that your ex deliberately concealed assets, the court may order that you receive the entire hidden property. Keep in mind that you do not have unlimited time to act. In most cases, you must file your request within two years of the divorce judgment. If you think your ex hid assets, contact our experienced attorneys right away.

How Do Illinois Courts Enforce Property Division Orders?

If the issue is that your ex is not following the divorce decree, you can ask the court to enforce it. A divorce judgment is a binding court order, and failure to comply can lead to enforcement actions. Under 750 ILCS 5/511, courts have continuing jurisdiction to enforce the terms of a judgment.

Some methods they may use to get your ex to comply include:

• Contempt proceedings: A judge can hold them in contempt for failing to transfer property, refinance a mortgage, or sign documents as ordered.

• Garnishment or liens: If a spouse refuses to pay a settlement amount, the court may place a lien on assets or garnish wages.

• Appointing a third party: In some cases, the court can appoint another person to sign documents on behalf of a non-compliant spouse.

There are always ways to make your ex comply, even if you have to battle it out in court.

Schedule Your Free Consultation With a Rolling Meadows, IL Divorce Attorney Today

If you believe your ex hid assets, or if they are refusing to follow the court’s instructions, you have legal options. Attorney Don Cosley, an Arlington Heights, IL divorce lawyer can help. He will review your judgment and explain whether a modification or enforcement action is possible. If you have a case, he will walk you through every step of the process. Every case gets his personal attention, and when you call with questions, you will speak directly with him. Call Law Offices of Donald J. Cosley at 847-253-3100 today to schedule a free consultation.