Do I Have to Pay For My Spouse’s Debts After a Divorce?

Posted on January 30, 2026 in Asset Division

IL divorce lawyer When couples think about divorce, they usually focus on dividing property like houses, cars, and bank accounts. But what happens to marital debt like credit card bills, student loans, car loans, and other debts?

According to Experian, the average American has $104,755 of debt, so the odds are good that there are debts in your marriage. If you are going through a 2026 divorce and are worried about who will be responsible for paying marital debts, a Wheaton, IL divorce attorney can explain the division process.

How Does Illinois Divide Debts in a Divorce?

Illinois is an "equitable distribution" state. This means that when you get divorced, the court divides marital property in a way that is fair, but not always equal. According to 750 ILCS 5/503, debts are included in marital property.

"Marital debts" are debts that either spouse took on during the marriage. This includes credit cards used for household expenses, car loans, medical bills, and home equity loans. The court will divide these debts between you and your spouse based on what is fair in your individual situations.

"Non-marital debts" are debts that one spouse had before the marriage or debts specifically left out of a prenuptial agreement. Generally, the spouse who brought that debt into the marriage must pay it after the divorce.

What Does an Illinois Court Consider When Dividing Debts?

Some of the most important factors include:

Each spouse's income and ability to earn money in the future
The length of the marriage
Each person's age and health
Who benefited from the debt, and whether one spouse wasted marital assets or ran up debts without needing to, i.e., for gambling or an affair

Does the Court Tell Creditors Who Is Responsible for What Debt After the Divorce?

No. If both of your names are on a credit card or loan, the creditor can still come after you for payment if your ex does not pay. If your ex is supposed to pay a joint debt and does not, you may need to go back to court to enforce the divorce decree. You will still be responsible to the creditor in the meantime.

Whenever possible, try to pay off joint debts before the divorce is finalized, or else refinance loans into one person's name only.

Are Student Loans Divided in an Illinois Divorce?

Student loans can be tricky. If one spouse took out student loans before the marriage, those loans usually stay that person's responsibility after divorce. However, if student loans were taken out during the marriage, the court may consider them marital debt and split them between both spouses, especially if both people benefited from the education.

What Happens to Mortgage Debt in a Divorce?

For mortgages, you have several options:

One spouse keeps the house and refinances the mortgage in their name only.
Sell the house and use the proceeds to pay off the mortgage.
Both spouses continue to co-own the house temporarily. This is more common if minor children are involved.

Keep in mind that if one spouse keeps the house but both names remain on the mortgage, both people are still legally responsible for the loan.

Can I Be Held Responsible for Debts My Spouse Hid From Me?

If your spouse secretly took on debts during the marriage without your knowledge, you may still be held responsible for them. However, if your spouse took on debts through fraud or for non-marital purposes, you can ask the court to assign those debts to your spouse.

Both spouses are legally required to provide complete and honest information about all assets and debts during a divorce. If you discover hidden debts, tell your attorney right away.

Call a DuPage County Divorce Attorney Today

Dividing debts in a divorce can be just as complicated as dividing assets. If you are facing divorce and have concerns about marital debts, the Wheaton debt division lawyers at Andrew Cores Family Law Group are ready to help. Andy Cores is currently a Fellow for the Collaborative Law Institute of Illinois and also served as a past member of his TEC Committee. With offices in Wheaton and DuPage County, we help Illinois families who need legal guidance.

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