Am I responsible for my spouse’s debt after they die?

Am I responsible for my spouse’s debt after they die?

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When your spouse dies in Illinois, you may be responsible for their debts if they are family expenses. 

This is based on a law called the Illinois Family Expense Act. This says that family expenses are the responsibility of both spouses.  

Family expenses could include: 

  • medical bills for necessary procedures,
  • funeral bills,
  • clothing and jewelry,
  • rent for family home,
  • utility bills
  • childcare, and
  • children's educational expenses.

Family expenses usually do not include loans or credit cards. But you could be responsible for loans or credit cards if you co-signed them.  

Surviving spouses are typically not liable for elective medical procedures, like cosmetic surgery or cosmetic dental work. 

 

Last revised by staff
August 8, 2025