Do I Have to Keep Paying Joint Bills During a Divorce?

 Posted on April 29, 2025 in Family Law

When a marriage ends, the bills do not magically disappear. One day, you are juggling shared bills as a team, and the next, you are wondering if you still have to pay for your spouse’s credit cards, car payments, or mortgage. Do you keep paying? Can you stop? What if your name is still on the loan? 

These questions do not just keep people up at night—they can shape your financial future. The law offers some answers, but navigating this part of divorce requires more than guesswork. A DuPage County family law attorney can help you take the right steps to protect your finances during this time.

What Does Illinois Law Say About Paying Joint Bills?

Illinois law does not automatically relieve either spouse of his or her financial obligations during a divorce. However, the court may issue temporary orders that include directives about who pays which bills while the case is pending.

If there is no temporary order in place, both spouses are typically still responsible for joint debts, including:

• Mortgage or rent payments

• Car loans

• Utility bills

• Credit card balances

• Insurance premiums

Can I Stop Paying Bills That Are in My Spouse’s Name?

If your name is not on the bill, you may not be legally obligated to pay it. However, some bills, like those related to the marital home or family car, may still indirectly affect you. For example, if your spouse stops paying the mortgage and your name is also on the loan, it can damage your credit score.

Before deciding to stop paying any bills, consult with your lawyer. The court may view a sudden stop in payments as an attempt to financially harm your spouse, and this could impact the final outcome of the divorce decree.

What Happens If I Cannot Afford to Keep Paying?

Divorce often means going from two incomes to one, which can make it hard to keep up with joint bills. If you are struggling, you can ask the court for temporary relief. This can include:

• Temporary spousal support

• Orders requiring your spouse to contribute to certain expenses

• Temporary possession of the marital home or car

The goal of temporary orders is to ensure both spouses can maintain some financial stability while the divorce is pending.

Who Will Be Responsible for the Debt After the Divorce?

Responsibility for joint debt is typically addressed in the final divorce decree. The court will divide marital debts and assets, considering factors like each spouse’s income, earning potential, and who will keep certain property.

Even if the court assigns a debt to your spouse, that does not automatically remove your name from the account. Since creditors are not bound by divorce orders, if your spouse stops paying, the creditor can still come after you. If possible, it is wise to pay off or refinance joint debts during the divorce.

Should I Keep Records of All Payments?

Keeping detailed records of all payments you make can protect you if disputes arise about who paid what. Your attorney may use these records to support your reimbursement claim or argue that certain debts should be assigned to your spouse.

Contact a DuPage County, IL Debt Division Lawyer

If you are going through a divorce and are unsure about your financial responsibilities, a Lombard, IL divorce attorney at Mevorah & Giglio Law Offices can help. With over 175 years of combined experience, our team is prepared to protect your credit and future. Call 630-932-9100 to schedule a free consultation today.