Illinois Divorce-ADDitional Debts & Liabilities

State:
Illinois
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IL-SKU-4132
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Divorce-ADDitional Debts & Liabilities

Illinois Divorce-ADDitional Debts & Liabilities refers to all debts and liabilities incurred or assumed by either spouse during the course of the marriage that are not part of the marital estate. This includes any debt incurred before the marriage, any debts incurred during the marriage, and any debts assumed after the marriage. These debts must be identified and assigned by the court in a divorce decree. The types of Illinois Divorce-ADDitional Debts & Liabilities include but are not limited to: premarital debt, post-marital debt, credit card debt, loan debt, medical bills, tax debt, and student loan debt.

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FAQ

Nonmarital debt is solely the responsibility of the spouse who incurred it, at least in most cases. Illinois' general rule in these situations is quite straightforward. All debts incurred before the marriage are nonmarital. All debts incurred during the marriage are marital, even if they are only in one spouse's name.

In Illinois, credit card debt is typically considered marital debt, which means it is subject to division during a divorce. The Illinois Marriage and Dissolution of Marriage Act provides that all marital property, including debt, should be divided equitably between the parties in a divorce.

How Is Debt Divided In An Illinois Divorce? Like most other jurisdictions, in terms of divorce property settlements, Illinois is an equitable division state. The marital estate, which includes both assets and debts, must be divided equitably. There is a very strong presumption that a 50-50 division is equitable.

Marital Debt is Divided Equitably If the court divides marital debt, it will be divided equitably between both parties. This applies to long-term debts, such as mortgages or car loans, and short-term debts like credit cards or medical bills. Each party is responsible for paying its share of the marital debt.

Any debt accrued during your marriage is considered to be marital debt, unless there is documentation in place excusing one spouse from it.

What Assets Is A Wife Entitled To In An Illinois Divorce? A spouse is entitled to have the court consider the division of any asset or debt which is determined to be marital. If the property was acquired after the wedding date by either party, that property will be considered marital property.

The person who incurred the debt AND can pay the debt will likely be responsible for the debt after an Illinois divorce. Typically, debts assigned to one spouse that are in the name of the other spouse will be immediately paid from the liquidation of any assets awarded to the debt-responsible spouse.

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Illinois Divorce-ADDitional Debts & Liabilities