Creditors Rights Law

Are Any Debts Chargeable To The Other Spouse?

The situation most frequently arises where, after separation but before divorce, the wife runs up debts in her own name (not on the husband’s credit card).

The wife then can’t pay the debts, and the creditors want to collect from the husband.

In Illinois, the creditors are out of luck. Having relied on the wife’s credit in making the loan or supplying the goods, they may not go after the husband, even though the divorce is not final.

However, the court is entitled to take account of debts incurred for necessities like food, clothing and shelter in making its decision about property division.