How Do I Make Sure My Ex Pays Their Share Of Our Debts?
Debt division In Illinois is different post-divorce compared to other states. Unlike the latter, the former requires that marital debt be divided equitably, not equally. In other words, a 50/50 division is not allowed.
That’s because a number of factors are taken into consideration when it comes to determining who is responsible for what post-divorce. To determine a fair division, the court considers each individual’s contributions to the debt, income, expenses related to children, duration of the marriage, and personal finances.
What To Do If Your Ex Doesn’t Pay Marital Debt?
Even if your spouse is ordered by the court to pay off his/her portion of marital debt post-divorce, there is no guarantee that they will abide by the ruling with timely payments. Even if they are part of a joint debt, such as a car loan, if your spouse refuses to pay as the co-signer, you will have to pay the remaining amount. Keep in mind this does NOT include non-marital debt (debts you accumulated pre-marriage).
That’s because the court’s decision does not supersede agreements you made with lenders. As such, they will not be sympathetic to anything other than making sure of loan repayment. The good news is that you can prevent this from happening by adding an indemnity clause in the divorce agreement.
That way you can ask the court to intervene and demand on your behalf that your spouse fulfills the terms of the divorce agreement in full. This can even result in fines or jail time for your ex if he/she refuses to comply so chances are high that the debt will be paid.
Why You Should Pay Off Debt before Finalizing Your Divorce
The best way to avoid stress during your divorce process is to pay off all of the debt before it is finalized. Since this may not be possible for every couple, the next best thing is to split obligations. For example, you can make the car payments and your ex can pay for the mortgage, etc.
Whether your ex refuses to pay off debts or you want suggestions on splitting debt obligations, get legal advice from a debt division attorney at the Law Office of Fedor Kozlov today. Our experienced attorneys have helped clients from all walks of life get fair property settlement and debt solutions during divorce proceedings in Schaumburg, IL. Contact us for a consultation today.