Debt is often unavoidable for modern families, whether the debt accrues from credit cards, loans, college tuition or other necessary expenses. However, it is important to remember that marital debt is separate and distinct from personal debt. Illinois law recognizes that married persons can retain property acquired before the marriage as nonmarital property. Furthermore, the law allows married persons to acquire property during the marriage that belongs solely to them (property acquired by descent is one example). That distinction can be confusing for couples and for their creditors. Here are the relevant rules set forth in the Rights of Married Persons Act:
1. Family expenses (including private school tuition and other education-related expenses) may be considered the property of both spouses, or of either them, in regards to creditors. The couple may face a lawsuit separately or jointly.
2. Suppose that a spouse has incurred a non-family expense. For example, if the spouse uses money he inherited from his parents to take a solo trip to the beach, this would be considered a non-family expense. If the spouse stays at an inn and refuses to pay his bill, the inn owner has a claim against him but not against the other spouse. The only non-family expenses for which a creditor can initiate a lawsuit against the other spouse (i.e., the spouse who did not incur the expense) are: