ILCS » Chapter 750 · Act 65
Illinois Compiled Statutes

750 ILCS 65/5 (2026)

Neither spouse in a marriage shall be liable for the debts or liabilities of the other incurred before marriage, and (except as herein otherwise provided) they shall not be liable for the separate debts of each other, nor shall the wages, earnings or property of either, nor the rent or income of such property, be liable for the separate debts of the other

✓ current as of May 2026
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(750 ILCS 65/5) (from Ch. 40, par. 1005)
    Sec. 5. Neither spouse in a marriage shall be liable for the debts or liabilities of the other incurred before marriage, and (except as herein otherwise provided) they shall not be liable for the separate debts of each other, nor shall the wages, earnings or property of either, nor the rent or income of such property, be liable for the separate debts of the other.
(Source: P.A. 104-40, eff. 1-1-26.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2026 · leading case: In re Marriage of Rushing, 2018 IL App (5th) 170146 (Ill. App. Ct. 2018).
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In re Marriage of Rushing, 2018 IL App (5th) 170146 (Ill. App. Ct. 2018). · cites it 2× “This traditional rule is consistent with the specific statutory language of the child support guidelines and with the legislature's mandate that '[n]either husband or wife shall be liable for the debts or liabilities of the other incurred before marriage, and * * * they shall…”
In re Marriage of Rushing, 2018 IL App (5th) 170146 (Ill. App. Ct. 2019). · cites it 2× “” 750 ILCS 65/5 (West 2014). ¶ 36 Nevertheless, there are instances where “courts have found that equitable principles require the consideration of a new spouse’s income.”
Castaneda-Flores v. Schreiber, 2026 IL App (2d) 250138-U (Ill. App. Ct. 2026). “’ ” Rushing, 2018 IL App (5th) 170146 , ¶ 35 (quoting 750 ILCS 65/5 (West 2014)). However, Rushing went on to state that “the separate income of a spouse can be relevant to the extent that the spouse’s income frees up the parent’s income so that the parent can pay more of his or…”
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