ILCS » Chapter 750 · Act 65
Illinois Compiled Statutes

750 ILCS 65/15 (2026)

(a)(1) The expenses of the family and of the education of the children shall be chargeable upon the property of both spouses, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately

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(750 ILCS 65/15) (from Ch. 40, par. 1015)
    Sec. 15. (a)(1) The expenses of the family and of the education of the children shall be chargeable upon the property of both spouses, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately.
    (2) No creditor, who has a claim against a spouse or former spouse for an expense incurred by that spouse or former spouse which is not a family expense, shall maintain an action against the other spouse or former spouse for that expense except:
        (A) an expense for which the other spouse or former
    
spouse agreed, in writing, to be liable; or
        (B) an expense for goods or merchandise purchased by
    
or in the possession of the other spouse or former spouse, or for services ordered by the other spouse or former spouse.
    (3) Any creditor who maintains an action in violation of this subsection (a) for an expense other than a family expense against a spouse or former spouse other than the spouse or former spouse who incurred the expense, shall be liable to the other spouse or former spouse for the other spouse's costs, expenses and attorney's fees incurred in defending the action.
    (4) No creditor shall, with respect to any claim against a spouse or former spouse for which the creditor is prohibited under this subsection (a) from maintaining an action against the other spouse or former spouse, engage in any collection efforts against the other spouse or former spouse, including, but not limited to, informal or formal collection attempts, referral of the claim to a collector or collection agency for collection from the other spouse or former spouse, or making any representation to a credit reporting agency that the other spouse or former spouse is any way liable for payment of the claim.
    (b) (Blank).
    (c) (Blank).
(Source: P.A. 104-40, eff. 1-1-26.)

    
Notes of Decisions
Cited in 191 cases (18 in the last 5 years), 1994–2026 · leading case: Vitro v. Mihelcic, 806 N.E.2d 632 (Ill. 2004).
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Vitro v. Mihelcic, 806 N.E.2d 632 (Ill. 2004). · cites it 4× “Count I of the three-count complaint sought damages for Dorothy's injuries, and the second count, which was brought pursuant to the Rights of Married Persons Act (750 ILCS 65/15 (West 2000)), sought compensation for medical and caretaking expenses incurred by the parents.”
Lewis v. Lead Indus. Ass'n, 2020 IL 124107 (Ill. 2020). · cites it 2× “The appellate court based its holding on (1) the Family Expense Act (750 ILCS 65/15 (West 2000)) and (2) the collateral source rule.”
Norskog v. Pfiel, 755 N.E.2d 1 (Ill. 2001). · cites it 2× “See 750 ILCS 65/15 (West 2000). In the negligent supervision counts, plaintiff alleges that the Pfiels knew or should have known of their minor son's "antisocial, aggressive, hostile, and criminal behavior," but failed to properly supervise and control him.”
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). · cites it 2× “Isbell seeks damages under the Wrongful Death Act (740 ILCS 180/1 (West 1996)), the Probate Act of 1975 (755 ILCS 5/27-6 (West 1996)) and the Rights of Married Persons Act (750 ILCS 65/15 (West 1996)). Like Best, Isbell also seeks declaratory and injunctive relief challenging…”
North Shore Cmty. Bank & Trust Co. v. Kollar, 710 N.E.2d 106 (Ill. App. Ct. 1999). · cites it 6× “JUSTICE GREIMAN delivered the opinion of the court: Plaintiff North Shore Community Bank and Trust Company (Bank) appeals the dismissal of its one-count complaint, alleging a cause of action pursuant to section 15(a)(1) of the Illinois Rights of Married Persons Act (commonly…”
Manago v. The Cnty. of Cook, 2017 IL 121078 (Ill. 2017). · cites it 4× “After applying our rules of statutory construction and examining the Lien Act in light of the Rights of Married Persons Act (Family Expense Act) ( 750 ILCS 65/15 (West 2012) ), we reverse the judgment of the appellate court.”
Phillips v. Dodds, 867 N.E.2d 1122 (Ill. App. Ct. 2007). · cites it 6× “The Purpose of the Family Expense Statute The family expense statute provides as follows: "The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in…”
Townsend v. Sears, Roebuck & Co., 879 N.E.2d 893 (Ill. 2007). “2 2 In a third count, “Michelle and/or James Townsend” claimed damages for health-care expenses pursuant to the Family Expense Act (750 ILCS 65/15 (West 2002)). 3 3 Coincidentally this term, we filed another opinion that presented a choice-of-law issue.”
Arteman v. Clinton Cmty. Unit Sch. Dist. No. 15, 763 N.E.2d 756 (Ill. 2002). · cites it 4× “The plaintiffs’ complaint also included a “Wilful and Wanton Misconduct” count which tracked the allegations of the negligence count, as well as two corresponding counts under the Rights of Married Persons Act (750 ILCS 65/15 (West 2000)). The School District filed a motion to…”
McCarthy v. Kunicki, 823 N.E.2d 1088 (Ill. App. Ct. 2005). · cites it 2× “In count III, plaintiff stated a claim under section 7 — 28—060 of the Code governing public nuisances.”
MacDonald v. Hinton, 836 N.E.2d 893 (Ill. App. Ct. 2005). · cites it 2× “(West 2004)), the “survival statute” of the Probate Act of 1975 (755 ILCS 5/27 — 6 (West 2004)), and the family expense statute (750 ILCS 65/15 (West 2004)) based on breach of a duty to warn James of the danger posed by Maust.”
Carlton at the Lake, Inc. v. Barber, 928 N.E.2d 1266 (Ill. App. Ct. 2010). · cites it 3× “Carlton sought to recover for services it provided to Robert while he was a resident at its facility, ultimately filing a second amended complaint, containing three counts: a breach of contract claim against Robert, a claim against Jean pursuant to the Illinois Rights of Married…”
Show all 191 citing cases →
— 750 ILCS 65/15(a) — 1 case
Xcel Supply Inc. v. Horowitz, 2025 IL App (1st) 232354-U (Ill. App. Ct. 2025).
— 750 ILCS 65/15(a)(1) — 29 cases
Phillips v. Dodds, 867 N.E.2d 1122 (Ill. App. Ct. 2007). “The Purpose of the Family Expense Statute The family expense statute provides as follows: "The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in…”
Clark v. Child.'s Mem'l Hosp., 2011 IL 108656 (Ill. 2011).
North Shore Cmty. Bank & Trust Co. v. Kollar, 710 N.E.2d 106 (Ill. App. Ct. 1999). “JUSTICE GREIMAN delivered the opinion of the court: Plaintiff North Shore Community Bank and Trust Company (Bank) appeals the dismissal of its one-count complaint, alleging a cause of action pursuant to section 15(a)(1) of the Illinois Rights of Married Persons Act (commonly…”
Clark v. Child.'s Mem'l Hosp., 955 N.E.2d 1065 (Ill. 2011).
Manago v. The Cnty. of Cook, 2017 IL 121078 (Ill. 2017). “After applying our rules of statutory construction and examining the Lien Act in light of the Rights of Married Persons Act (Family Expense Act) ( 750 ILCS 65/15 (West 2012) ), we reverse the judgment of the appellate court.”
— 750 ILCS 65/15(a)(2) — 2 cases
Ebner v. Kaiser (In re Kaiser), 566 B.R. 550 (N.D. Ill. 2015).
Xcel Supply Inc. v. Horowitz, 2025 IL App (1st) 232354-U (Ill. App. Ct. 2025).
— 750 ILCS 65/15(a)(3) — 4 cases
North Shore Cmty. Bank & Trust Co. v. Kollar, 710 N.E.2d 106 (Ill. App. Ct. 1999). “JUSTICE GREIMAN delivered the opinion of the court: Plaintiff North Shore Community Bank and Trust Company (Bank) appeals the dismissal of its one-count complaint, alleging a cause of action pursuant to section 15(a)(1) of the Illinois Rights of Married Persons Act (commonly…”
Resolution Trust Corp. v. Hardisty, 646 N.E.2d 628 (Ill. App. Ct. 1995).
Proctor Hosp. v. Taylor, 665 N.E.2d 872 (Ill. App. Ct. 1996).
Xcel Supply Inc. v. Horowitz, 2025 IL App (1st) 232354-U (Ill. App. Ct. 2025).
— 750 ILCS 65/15(a)(4) — 1 case
Xcel Supply Inc. v. Horowitz, 2025 IL App (1st) 232354-U (Ill. App. Ct. 2025).
— 750 ILCS 65/15(a)(i) — 1 case
In Re Flores, 345 B.R. 615 (Bankr. N.D. Ill. 2006).
— 750 ILCS 65/15(a)(l) — 7 cases
Bauer Ex Rel. Bauer v. Mem'l Hosp., 879 N.E.2d 478 (Ill. App. Ct. 2007).
Phillips v. Dodds, 867 N.E.2d 1122 (Ill. App. Ct. 2007). “The Purpose of the Family Expense Statute The family expense statute provides as follows: "The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in…”
Primax Recoveries, Inc. v. Atherton, 851 N.E.2d 639 (Ill. App. Ct. 2006).
In Re Marriage of Bennett, 713 N.E.2d 1278 (Ill. App. Ct. 1999).
Petersen v. Petersen, 932 N.E.2d 1184 (Ill. App. Ct. 2010).
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