What if My Ex Does Not Pay Their Part of the Debt After Divorce in Illinois?

 Posted on August 20, 2025 in Finances and Divorce

Property division during divorce does more than split assets. It can also assign debts that are in both spouses’ names to just one spouse. Failure to comply with this part of a divorce decree can negatively impact you. A Wheaton, IL divorce attorney can help you understand what lenders may do, what your decree actually protects, and how to enforce the order so your credit and peace of mind are protected.

Can Creditors Come After Me for Debt That My Ex Is Supposed To Pay After Divorce?

Creditors can sometimes come after you for debt assigned to your ex during the divorce. The court divides property and liabilities under 750 ILCS 5/503, but lenders are not parties to your case. If your name stays on a joint credit card, car loan, medical balance, or lease, the creditor can still pursue either signer. Essentially, settlement terms do not rewrite the bank’s contract. Your spouse’s missed payments can lower your credit score and add fees until the account is paid, refinanced, or closed. As frustrating as that may be, there are legal solutions.

What Are the Legal Options for Enforcing Debt Payment after Divorce in Illinois?

If your ex is not making the payments in your divorce decree, ask the same court to enforce it. File a petition to enforce or a motion to compel so the judge can set deadlines, order catch-up payments, and require proof. If the court finds a willful violation, it may use civil contempt, which can mean fines or, in rare cases, jail until your ex follows the order.

The judge can also enter a money judgment for what is owed. That lets you use collection tools, such as taking money from paychecks, taking funds from bank accounts, or placing a lien on real estate. A post-judgment citation to discover assets under 735 ILCS 5/2-1402 can help find income and accounts and lead to payment orders. If you covered bills your ex was supposed to pay, you can ask the court to order reimbursement.

Protecting Yourself From Debt Issues After Divorce in Illinois

You can take some practical steps to protect yourself from debt issues after your divorce:

• Refinance or close joint accounts so only the responsible party remains liable.

• Monitor your credit reports and dispute inaccurate entries in writing.

• If a collector contacts you about a joint debt, request validation and keep a log of all communications.

• Notify lenders of the judgment.

• Set payment alerts and talk to your creditor about a temporary hardship plan to help you get through any unexpected financial difficulties while the court process moves forward.

Early action prevents bigger problems. Strong records, prompt filings, and clear requests to the court will help you secure enforceable relief and protect your financial future.

Contact a DuPage County, IL Divorce Attorney Today

Defaulting on debt can have serious consequences. At Andrew Cores Family Law Group, we are seasoned trial lawyers who know that strong results come from careful preparation. In every enforcement case, we investigate the facts, gather account records, and analyze your decree so we are ready for any turn. That groundwork positions us to negotiate practical settlements and use mediation or other ways to resolve disputes when it serves your interests. If a fair resolution is not possible, we are ready to litigate and pursue whatever it takes to ensure your ex follows your divorce decree. For focused guidance and swift action, contact our Wheaton, IL divorce lawyers today. Call us at 630-871-1002 to schedule your free consultation.