Legal Question in Family Law in Illinois
DEBT/divorce
If a couple is getting a divorce and one of the spouse's was to get in trouble for something and end up with a jail or prison sentence-how is all of the debt done. Is the other spouse responsible for it all? Also-if a spouse moves out-are they still responsible for paying everything at the marital home? when it is split out-does the spouse remaining in the home to pay 1/2 of the equity in the homestead or 1/2 of the value of the homestead?
1 Answer from Attorneys
Re: DEBT/divorce
Fault/trouble really has nothing to do with dividing property in a divorce situation. Marital assets/debt are generally going to be divided according to how long you've been married and the vocational lives/incomes of the parties, i.e. who's capable of earning more income following a divorce.
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