Does A Court Get Involved if My Ex Is Not Paying Off Divorce Debt?

 Posted on February 13, 2025 in Divorce

Dividing debts is an important part of many divorce settlements, but what happens when one spouse stops making payments on a debt that was assigned to him or her? Many divorced people find themselves in a difficult situation when they realize that a creditor is still holding them responsible for a loan, credit card balance, or mortgage — especially when missed payments negatively impact their credit score.

If you are facing this issue, you may have legal options. While Courts cannot change debt agreements with lenders, they can enforce divorce settlements and take action against a spouse who fails to meet his or her obligations. An Illinois divorce lawyer can help you understand your rights and determine whether bringing a motion to enforce your divorce decree is your best option.

Why Am I Still Responsible for My Ex’s Debt After Divorce?

During a divorce, a Judge distributes responsibility for debts through a settlement agreement or Court order. However, divorce agreements only deal with obligations between spouses — they do not change the terms of existing contracts with creditors. If your name remains on a jointly owned debt, such as a car loan or credit card, the lender can still hold you responsible if payments are missed, even if the divorce decree states that your ex is supposed to pay it.

Creditors will report late or missed payments to credit bureaus and pursue collection efforts against both spouses as long as both names are still attached to the debt. If your ex stops paying, your credit score may suffer, and you could be subject to creditor lawsuits or wage garnishment.

What Can the Court Do If My Ex Is Not Paying?

While Courts cannot force a lender to remove your name from a loan or credit account, they do have the authority to enforce divorce agreements. If your ex-spouse is failing to pay debts as ordered in the divorce, you can petition the Court to take action. Possible consequences include:

• Contempt of Court: Since divorce agreements are legally binding, a Judge can find your ex in contempt for violating the order. This could lead to fines, wage garnishment, or other penalties.

• Ordering Reimbursement: If you have made payments on a debt that your ex was supposed to pay, the Court may order your ex to reimburse you for the amount paid.

• Modifying Spousal Support or Asset Distribution: In some cases, Courts may adjust spousal support or seize assets from your ex to cover the unpaid debt.

How Can I Protect Myself If My Ex Is Not Paying Off Marital Debt?

Taking legal action quickly is important to prevent further damage to your credit and finances. If you are still listed as a co-borrower on a debt, consider refinancing or negotiating with creditors to remove your name. You will also need to keep a close eye on your credit report and keep records of all payments and missed payments. If your ex is not paying, working with a family law attorney as soon as possible can help prevent long-term financial consequences.

Contact a Barrington, IL Divorce Order Enforcement Lawyer

If your ex is not paying off his or her divorce debt and it is affecting your credit, you do not have to handle the situation alone. An Inverness, IL family lawyer for enforcing divorce settlements can help you protect your financial future. Contact The Law Office of Nicholas W. Richardson, P.C. at 847.873.6741 today to discuss your legal options in a free consultation.