Do I Have To Pay My Spouse’s Credit Card Debt After Divorce in Illinois?

 Posted on September 14, 2025 in Property Division

Sorting out complex financial situations is one of the most stressful parts of the divorce process. Credit card debt is a prime example of when there can be uncertainty over who needs to pay what once a marriage ends. If your case involves significant credit card debt, you need a knowledgeable Cook County, IL divorce lawyer who can help you understand how Illinois law applies to your situation and protect you from being unfairly burdened with debt.

Are Credit Card Debts Divided During Divorce in Illinois?

Illinois follows the principle of equitable distribution when property is divided during divorce. This means assets and debts are divided fairly between the spouses, even if not equally. Under 750 ILCS 5/503, debts accumulated during the marriage are usually treated as marital obligations, even if the account is only in one spouse’s name.

For example, if credit cards were used to buy groceries, furniture, or other household items, those balances may be shared. However, if one spouse had a card in their own name before the marriage and kept it separate, the court may classify any related debt as non-marital. Judges look at when the debt was incurred, who benefited from it, and whether it served the family.

How Do I Prove That I Did Not Contribute To My Spouse’s Debt During Divorce?

The court will review financial records to decide whether a debt obligation belongs to the marital estate. Evidence that may help prove that you did not contribute to or benefit from your spouse’s debt includes:

• Credit card statements showing purchases that only benefited your spouse, like luxury clothing or personal travel

• Proof that the account was in your spouse’s name alone and you never used it

• Bank records showing you did not make payments toward the card

• Testimony or documentation showing that the charges did not support household needs

• Receipts or invoices tied directly to your spouse’s personal hobbies, gambling, or entertainment

• Employer records showing that the debt was related to your spouse’s work expenses and not family use

What if My Spouse Runs Up Our Credit Cards During the Divorce Process?

Unfortunately, some spouses misuse joint accounts after divorce papers are filed. For example, they may max out cards to punish the other party or to try to gain leverage in negotiations. Illinois law protects against this kind of behavior. Under 750 ILCS 5/501(a)(2)(i), a court may enter temporary restraining orders to stop either spouse from dissipating marital assets. This means they will not be allowed to waste or misuse property for a purpose unrelated to the marriage, particularly when the marriage is breaking down.

If you believe your spouse is running up debt intentionally, you can bring this to the court’s attention. Judges can order repayment, adjust property division, or account for this misconduct when determining spousal maintenance. The sooner you act, the easier it may be to prevent long-term damage.

Schedule a Free Consultation with a Chicago, IL Divorce Attorney Today

Protecting your financial future is more manageable with strong legal guidance. An experienced Cook County, IL divorce lawyer can help you gather the right records and argue for a fair outcome in court.

At The Law Office of George J. Skuros, we not only fight for the best possible results but also take the time to ensure you fully understand the legal issues involved in your case. We want you to feel prepared and have a realistic picture of the possible outcomes while we are working hard to secure the most favorable resolution for you.

Attorney George J. Skuros brings more than 30 years of legal experience to every case, giving clients confidence that their future is in capable hands. Call 312-884-1222 today to schedule a free consultation.