Can a Prenup Protect You From Your Spouse’s Debt in Illinois?

 Posted on September 08, 2025 in Prenuptial and Postnuptial Agreements

When you marry, you are not only merging your life with someone else’s but also taking on new financial ventures. Creating a prenuptial agreement is a responsible choice, offering peace of mind in the event that life surprises you. One way that it does so is by clarifying how to handle debt. An experienced DuPage County, IL family law attorney can explain how prenups work under Illinois law and how they may protect you from a partner’s financial obligations.

How Is Debt Handled During an Illinois Divorce?

Illinois follows the principle of equitable distribution when dividing marital property and debts. Under 750 ILCS 5/503, the court will decide what property and debt is "marital" and divide it fairly. This means that if one spouse takes out a loan during the marriage, the court may consider it a joint responsibility, even if the other spouse did not directly benefit from it.

Debts incurred before marriage are usually treated as non-marital and remain the responsibility of the spouse who took them on. However, lines can blur. For example, if marital funds are used to pay off a non-marital credit card, that debt could become part of the marital estate. Without a prenup, the judge has wide discretion in deciding how to divide both assets and liabilities.

Can You Include Debt Distribution in an Illinois Prenuptial Agreement?

Under the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/4, you can outline how both assets and debts will be handled if the marriage ends. This includes credit cards, student loans, mortgages, and even business debts. By clearly stating which debts belong to which spouse, a prenup can prevent one party from being saddled with financial burdens they never agreed to take on.

How To Ensure Your Prenup Is Enforceable in Illinois

A prenup is only effective if it holds up in court. Under 750 ILCS 10/7, a premarital agreement may be deemed unenforceable if one party did not sign it voluntarily or if it was unconscionable when signed. Unconscionable means extremely unfair, and this would apply if significant debts were hidden or one party was pressured into signing it right before the wedding without having the opportunity to seek legal advice.

To give your agreement the best chance of being enforced, make sure you do the following:

• Provide full financial disclosure, including a complete list of assets, income, and debts.

• Seek independent legal counsel since separate attorneys help ensure fairness and avoid future claims of coercion.

• Sign the agreement well before the wedding so the court does not view it as being signed under pressure.

• Make terms clear and specific by avoiding vague language and spelling out how assets and debts will be handled.

Schedule a Free Consultation With a Wheaton, IL Prenuptial Agreement Attorney

A well-drafted prenuptial agreement can be the difference between financial stability and years of legal battles. At Andrew Cores Family Law Group, we assist clients in Wheaton and throughout DuPage County in creating agreements that accurately reflect their needs and comply with Illinois law.

Our lead attorney, Andrew Cores, is a Fellow of the Collaborative Law Institute of Illinois and has also served on its TEC Committee. Recognized as an Illinois Super Lawyer every year since 2012, he brings trusted insight and experience to every case. Our team has handled matters involving high-net-worth individuals, estates, and businesses. We know how to safeguard assets, address the valuation and division of complex property, and uncover hidden wealth when necessary.

Call 630-871-1002 today to schedule a free consultation with our knowledgeable DuPage County, IL prenuptial agreement lawyers who will protect your interests and give you peace of mind.