What Happens to Credit Card Debt in an Illinois Divorce?

 Posted on June 20, 2025 in Property Division

In Illinois, what happens to credit card debt during divorce depends on whether it is characterized as marital or non-marital. In many cases, both spouses can be responsible for debt, even when the account is in only one spouse's name. If you have questions about the specifics of asset and debt division during the divorce process in Illinois, a Wheaton divorce attorney can help you understand how the law applies and protect your financial interests if hidden debt is involved. 

Is Credit Card Debt Considered Marital Debt in Illinois?

Illinois statute 750 ILCS 5/ addresses the division of property and debts during divorce, and according to the law, marital debt includes most debts incurred by either spouse during the marriage, regardless of which name is on the account. For example, a credit card used to pay for everyday family expenses would likely be considered marital debt. However, credit cards acquired before the marriage or after a judgment of legal separation and tied solely to one spouse’s non-marital activities will typically be characterized as non-marital debt.

Who Is Responsible for Credit Card Debt After an Illinois Divorce?

Because Illinois is an equitable distribution state, marital assets and debts are divided in a way that is fair but not necessarily equal. Factors that the judge will consider when dividing marital debt include:

• Whether either spouse has intentionally wasted marital funds on a non-marital purpose, an act known as the dissipation of marital assets

• Each spouse’s contribution to the marital debt

• The tax consequences for each party

• How long the marriage lasted

• Whether either spouse is entitled to alimony, known as spousal maintenance in Illinois, or child support

• Each party’s financial circumstances

• The terms of a valid prenuptial or postnuptial agreement

The logistics of dividing marital debt can be complicated. For example, assume one spouse receives a car with an attached car loan. The court has to decide whether that spouse will take on the entire car loan. If so, the court will likely then consider what debt will be assigned to the other spouse to ensure equitable distribution, making it as fair as possible.

How Can I Protect Myself From Credit Card Debt During Divorce in Illinois?

As you navigate divorce, you may have concerns about debts incurred during that time or even the potential for hidden debts. Start by obtaining a copy of your credit report for the major credit bureaus to get a clear understanding of your existing individual and joint debt. During the divorce process, you will work with your attorney to request a full financial disclosure from your spouse. This is part of the discovery phase, a legal process where both parties disclose all assets, debts, and other relevant information. Talk to your attorney about the possibility of a temporary restraining order or preliminary injunction, as outlined in 750 ILCS 5/501, as a means for preventing your spouse from incurring any new substantial debt or wasting shared assets.

Get a Free Consultation With a Wheaton, IL Divorce Attorney

If you have concerns about dividing credit card debt during your divorce and how it will impact you financially, an experienced DuPage County, IL divorce lawyer at Davi Law Group can help you protect your financial interests and ensure that debt is fairly allocated under Illinois law. Contact us today at 630-657-5052 to schedule a free, confidential consultation and get the clarity you need.