Am I On the Hook for My Spouse’s Debt if We Get Divorced?

 Posted on February 23, 2026 in Divorce

If you are getting divorced, there are probably a thousand questions running through your head at any moment. Divorce can have major personal and financial implications. One issue many people worry about is what happens to debts in a divorce and who will ultimately be liable for debts accumulated during a marriage.

The answers to these questions vary. An experienced DuPage County, IL divorce lawyer can help you understand your financial rights and responsibilities during your divorce and the best way to protect your financial interests. At Goostree Law Group, we have garnered over 100 5-star reviews, so you can trust us to approach your case with a sound strategy.

Types of Debt to Address in a 2026 Divorce

Dividing debt is just as important as dividing property. Many spouses focus on the house, retirement accounts, and vehicles. However, unpaid balances can also follow you long after the divorce is final. Some of these debts may include:

• Credit card balances
• Mortgages and home equity loans
• Car loans
• Student loans
• Medical bills
• Personal loans
• Tax debt

It is also important to look at hidden or less obvious debt. Business liabilities, lines of credit, and unpaid utilities can create problems later if they are not clearly addressed in the divorce judgment.

How Is Debt Characterized as Marital or Non-Marital?

The first question you will need to ask yourself when planning on how to divide debt is whether something is considered marital debt or non-marital debt. Ideally, spouses will have signed a prenuptial agreement that clearly explains which debts and assets are marital and non-marital. However, if there is no such agreement, the debt classification will be determined by Illinois law.

Per Illinois law, marital debts are typically debts that were acquired during the marriage for marital purposes. Non-marital debt is obtained before the couple weds. However, there may be exceptions. If a debt was used exclusively for the benefit of one spouse, one could argue that it is non-marital debt even if it was accrued during the marriage.

Equitable Distribution of Debts in Illinois

Illinois follows "equitable distribution" laws when dividing assets and debts (750 ILCS 5/503). This means that the courts divide debts in a way that is fair based on the spouses’ unique situation. When deciding how to allocate debt, courts weigh the needs of each spouse, the length of the marriage, the nature of the purchases, who benefited from the debt, and other factors.

Can Spouses Agree to Divide Debt on Their Own?

Spouses can reach their own agreement about how to divide debt. In fact, many divorces in Illinois settle without leaving these decisions up to a judge. When spouses work out a fair agreement, they have more control over the outcome.

They can decide who will refinance a loan, who will close certain accounts, and how balances will be paid off. This flexibility can be helpful, especially if one spouse is better positioned to handle a certain debt. Reaching a clear, written agreement that is approved by the court can reduce confusion and protect both parties from future disputes.

Can Creditors Pursue Me for Payment of My Spouse’s Debt?

Even if a court assigns a particular debt to a spouse, that does not mean he or she will follow through with paying the debt. Unfortunately, both spouses may still be responsible to the creditor. For example, suppose both spouses’ names are on a credit card and the court assigns credit card debt to the husband. If he fails to pay the credit card debt, the creditor can pursue the wife for repayment. A divorce does not affect a creditor’s right to pursue repayment. This is why most divorce lawyers encourage couples to sell assets to pay off joint debt if possible.

How Debt Division Can Affect Other Parts of Your Divorce

Debt does not exist in a vacuum. It can shape other parts of your divorce in meaningful ways.

For example, when a court considers spousal support, it looks at each spouse’s financial resources and needs. A spouse who is assigned a large share of marital debt may argue that he or she has less available income. This can affect the amount or duration of spousal maintenance payments.

In addition, debt division can influence property distribution. A spouse who takes on more debt may receive a larger share of certain assets to balance things out. The court aims for an overall fair result, not just a simple split of accounts. For these reasons, it is important to approach debt division carefully. The choices you make about loans and balances today can affect your finances for years after your divorce is complete.

Can You File for Bankruptcy During a Divorce?

Some spouses consider bankruptcy when debt feels overwhelming. Filing for bankruptcy during a divorce is possible, but it can complicate the process. Bankruptcy may pause certain collection efforts. It can also discharge some unsecured debts, such as credit card balances or medical bills. However, not all debts can be erased. Child support, spousal support, and many tax obligations usually remain.

If spouses file jointly for bankruptcy before the divorce is finalized, they may be able to wipe out shared debt together. In other cases, one spouse may choose to file alone. That decision can affect how the remaining debt is divided in the divorce.

Courts will still look at fairness. A bankruptcy filing does not automatically shield a spouse from responsibility under a divorce judgment.

How Outside Professionals Can Help With Debt Division

Debt division can become complex, especially when large balances or business liabilities are involved. Outside professionals can provide clarity. For instance, a forensic accountant may help trace when a debt was created and whether marital funds were used.

These professionals provide valuable information. Your divorce attorney can then use that information to negotiate or present a clear case in court.

Contact a Wheaton, IL Divorce Lawyer

If you are getting divorced and have concerns about the allocation of debt, contact the skilled DuPage County, IL family law attorneys at Goostree Law Group for help. Call 630-584-4800 for a free consultation.