Legal Question in Family Law in Illinois

I'm getting married and my fiancee is currently in school acuring more debt, when we get married and I responsible for his fiancial debt that he accured before we got married?


Asked on 3/12/11, 6:54 pm

1 Answer from Attorneys

Generally no, so long as you do not undertake to pay the debt, for example you co-sign a refinance for the debt.

The story may be different for the debt incurred for school after the marriage, at least as between the two of you.

Generally expenses and debts incurred during marriage are marital debts, and those incurred before the marriage are non-marital. For educational debt, the rule is a little different - if the education debt is incurred during marriage, but a divorce occurs before or shortly after the education is completed, then the person incurring the debt is liable for it in terms of the divorce. A classic example is with a professional such as a doctor - it is not equitable to ask a spouse to pay for a medical school education if the person just completed med school and then sought a divorce. Generally, if the marriage benefited from the education (example - the marriage lasts several years after graduation and the person makes money as a doctor, benefiting the marriage) then the debt would be considered marital. A lot of variables apply here - the extent of the debt, how much time passed after graduation, etc.

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Answered on 3/13/11, 10:48 am


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