Will I Have to Pay if My Spouse Accrues a Debt Right Before We Start Our Divorce?

 Posted on February 21, 2026 in Divorce / Family Law

Finding out your spouse has racked up a large debt right before a divorce can feel like a punch to the gut. You may be wondering whether you are on the hook for money you never agreed to spend. This is a common concern for people going through divorce in 2026, and the answer depends on several factors. If you have questions about how debt is handled in your situation, a Kane County divorce lawyer can help you understand what you owe and what you don’t.

How Does Illinois Divide Debt in a Divorce?

Illinois is an "equitable distribution" state. That means marital property and debt are divided fairly, but not always 50/50. Under 750 ILCS 5/503, courts look at what is "marital" versus "non-marital" when splitting up assets and liabilities.

Marital debt is generally any debt taken on during the marriage, regardless of whose name is on the account. Non-marital debt is debt one spouse brought into the marriage or took on for reasons that only benefit them personally.

The tricky thing about a debt that accrues right before a divorce is that it can fall into either category depending on the circumstances.

Does It Matter Whose Name Is on the Debt when You Divide it in a Divorce?

If a credit card or loan is only in your spouse's name and was taken out for personal reasons unrelated to the marriage, a court may assign it solely to them. However, if you are a joint account holder, creditors can still come after you even if a divorce court says the debt belongs to your spouse.

This is an important difference. A divorce decree divides responsibility between you and your spouse, but it does not change your legal agreement with a creditor. If your spouse fails to pay a joint debt that was assigned to them, the creditor may still try to collect from you. This is why it is worth trying to close or separate joint accounts as early in the process as possible.

What Happens if My Spouse Spent a Lot of Money Before Filing for Divorce?

Courts take a close look at spending that happens just before a divorce filing. A spouse spending marital money irresponsibly or trying to hide assets is doing something called "dissipation of marital assets." Illinois courts do not look favorably on asset dissipation. They will often use the other marital assets the couple has to offset the money the one spouse took from the marriage account when doing the final property division.

To show dissipation, you generally need to prove:

• The spending happened during a time when the marriage was already breaking down
• The money was used for something that did not benefit the marriage or the family
• The amount of money spent was significant

For example, if your spouse maxed out a shared credit card on personal trips or gifts for a new partner, a court may decide you do not have to pay that debt. The judge can assign it entirely to your spouse or give you a larger share of the other marital assets.

What Kinds of Spending Might Count as Dissipation?

• Large cash withdrawals with no clear explanation
• Spending on an affair or a new romantic partner
• Gambling losses
• Transferring money or property to friends or family members to hide it
• Buying expensive items for personal use with no family benefit (i.e., sports cars, jewelry, etc.)

Not all spending before a divorce counts as dissipation. Regular household bills, medical costs, or reasonable living expenses are usually not considered wasteful.

How Do I Prove That My Spouse Has Committed Asset Dissipation?

Documentation is important. Be prepared to show the court bank statements, receipts, credit card bills, or tax returns that show wasteful spending. Talk to your lawyer about using the discovery period of your case to get together the needed documents. Also, bear in mind that you will need to file a Notice of Intent to Claim Dissipation with the court within a certain time frame.

Call a Geneva, IL Divorce Lawyer Today

Loire Krajniak Law, LLC is prepared to help you sort out the debts in your divorce. We offer free consultations and handle each case personally. If you are worried about being held responsible for your spouse's debt, call 630-448-2406 today to talk to our Kane County asset division attorney.