Chicago Divorce Attorney Russell D. Knight Explains When a Spouse Can Be Sued for Their Partner's Actions in Illinois

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CHICAGO, IL - August 26, 2026 - Spouses who worry about the financial consequences of their partner's debts, lawsuits, or unpaid expenses face important questions under Illinois law regarding liability and property division. Chicago divorce attorney Russell D. Knight of the Law Office of Russell D. Knight (https://rdklegal.com/can-i-be-sued-for-something-my-husband-or-wife-did-in-illinois/) has published guidance explaining when a spouse or even an ex-spouse may be held liable for the actions of the other party in Illinois.

According to Chicago divorce attorney Russell D. Knight, married individuals in Illinois may find their spouse's misfortunes affecting their own financial standing. When one spouse is sued and a judgment is entered, that obligation may become a marital debt shared by both parties. "Many people don't realize that a lawsuit against one spouse can create financial exposure for the other," explains Knight. "Illinois treats debts and obligations acquired during the marriage as marital property, which means both parties can feel the impact."

Chicago divorce attorney Russell D. Knight points to 750 ILCS 5/503, which defines marital property to include debts and obligations acquired by either spouse after the marriage. However, the division of such debt is not always a simple equal split. The court divides marital property in just proportions, considering factors such as each party's contribution to the increase or decrease in value of marital property and any dissipation of assets by either spouse.

Knight notes that dissipation claims can play a significant role when a spouse's negligent conduct leads to costly litigation. Under Illinois case law, dissipation is defined as the use of marital property for one spouse's benefit for a purpose unrelated to the marriage during an irreconcilable breakdown of the relationship. He emphasizes that dissipation can only be claimed once the marriage is undergoing such a breakdown, and it cannot be claimed for events occurring more than three years after discovery or five years before the divorce filing.

The article addresses whether a person can be personally sued because of a spouse's own legal errors. Attorney Knight explains that, in most cases, individuals cannot be held personally liable for a spouse's independent legal mistakes, though exceptions exist. Under 750 ILCS 65/15(a)(2), a creditor may pursue the other spouse for expenses involving goods or merchandise in that spouse's possession or services ordered by that spouse.

A significant exception involves medical debts. Knight highlights that under 750 ILCS 65/15(a)(1), family expenses, including medical expenses, are chargeable to the property of both spouses. "Illinois law is well settled that spouses can each be held liable for the medical expenses of the other," Knight observes, citing established appellate decisions. He adds that medical debts incurred on behalf of children can also create shared liability.

Knight also warns creditors that pursuing a spouse improperly carries risks. Under 750 ILCS 65/15(a)(3), a creditor who maintains an action against a spouse for a non-family expense that the spouse did not incur may be held liable for that spouse's costs and attorney's fees. "The award of attorney's fees in a misplaced suit against a spouse is mandatory under the Act," Knight points out, noting that a firm reminder of this provision may be enough to prompt a creditor to reconsider.

The firm's guidance also addresses bankruptcy considerations. Knight explains that a spouse who promises to file for bankruptcy after divorce may not relieve the other party if debts have already been divided in the divorce proceeding. Under federal bankruptcy law, obligations arising in connection with a divorce decree may not be dischargeable, which makes the timing of any bankruptcy filing significant.

Regarding former spouses, Knight explains that individuals generally cannot be sued for the actions of an ex-spouse in Illinois, with an important exception involving children. Because both parents retain a continuing duty to support their children after divorce, expenses incurred on behalf of the children may create ongoing liability. He advises that a well-crafted allocation of parental responsibilities allowing input into decisions can help a parent control the expenses for which they might be responsible.

Knight also notes that Illinois law permits one spouse to sue the other for a tort committed during the marriage under 750 ILCS 65/1, though most couples in that situation resolve their disputes through the equitable distribution process in divorce.

For those concerned about financial responsibility arising from a spouse's or former spouse's actions, consulting a Chicago family law attorney may help clarify how Illinois law affects property division, debt allocation, and available legal options.

About Law Office of Russell D. Knight:

The Law Office of Russell D. Knight is a Chicago-based firm focused on divorce and family law throughout Illinois. Led by attorney Russell D. Knight, the firm assists clients with marital debts, family expenses, medical bills, dissipation claims, and liability concerns involving a spouse's actions. Mr. Knight has authored more than 750 articles on Illinois divorce and family law, with commentary appearing in national outlets. For consultations, call (773) 334-6311.

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Email: russell@rdklegal.com

Website: https://rdklegal.com/

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