Am I Responsible for My Spouse’s Debt in an Illinois Divorce?

 Posted on April 23, 2025 in Asset Division

When preparing for divorce, many people worry about what will happen to their shared finances, especially if one spouse has taken on significant debt. In Illinois, the question of who pays for what is not always straightforward when it comes to debt. Whether you will be responsible for your spouse’s debt depends on several factors, including when the debt was acquired, what it was used for, and how your overall marital estate is being divided.

Understanding your rights and obligations is essential before agreeing to any settlement. A skilled Illinois divorce attorney can help ensure you are not unfairly burdened with debt that is not legally yours.

How Does Illinois Divide Debt in Divorce?

Illinois follows the principle of equitable distribution, which means debts and assets are divided fairly — not necessarily equally. This includes both assets and liabilities. Generally, if a debt was taken on during the marriage, it is considered marital debt, even if the account is in only one spouse’s name.

That means if your spouse opened a credit card during the marriage and racked up charges, you may still share responsibility — even if you did not personally use the card. However, debts that are clearly linked to one party’s individual actions, like gambling losses or secretive spending, may be treated differently.

What Kinds of Debt Can Be Divided in a Divorce?

During divorce, the court may divide a range of financial obligations, including:

• Credit card balances
• Mortgages and home equity loans
• Car loans
• Medical bills
• Business or personal loans
• Student loans (in some cases)

The court will also consider who benefited from the debt and who is in the best financial position to repay it. For example, if one spouse took out student loans before the marriage or used a personal loan to fund a business that did not benefit the family, that debt may be considered non-marital.

Can I Avoid Being Stuck After Divorce With Debt That Is Not Mine?

If you are concerned about becoming responsible for your spouse’s financial decisions, the best protection is careful documentation and legal representation. Your attorney can help you:

• Identify which debts are marital and which are separate
• Negotiate for an offset in other marital assets if you take on a larger share of debt
• Challenge debts that were incurred recklessly or without your knowledge
• Avoid post-divorce liability if your name is tied to a joint account

In some cases, the court may require one spouse to indemnify the other — meaning they must take responsibility for paying certain debts, protecting the other spouse from creditor claims.

Contact a St. Charles, IL Divorce Attorney

If you are concerned about dividing debt in your divorce, it is essential to work with a lawyer who understands the financial implications of property division. At Weiler & Associates, Inc., one of our experienced Kane County, IL divorce attorneys, Tim Weiler, is a Certified Financial Litigator who helps clients navigate high-stakes divorces with clarity and confidence. Whether through mediation or litigation, we build personalized strategies to protect your financial future. Contact us at 630-331-9110 to schedule a confidential consultation.