Can I Get Reimbursed for Paying the Mortgage During Our Separation?

 Posted on June 16, 2025 in Division of Assets

In Illinois, many divorces take months or even years to finalize. During that time, one spouse often continues to cover shared debts, mortgages, or even the other spouse’s personal expenses. Understandably, the paying spouse usually wants to know whether the court will reimburse them for those payments during the division of marital property.

The answer depends on several factors, including the nature of the payments, the timing, the source of the money, and whether the payments were voluntary. While Illinois law does allow for reimbursement in some situations, the court makes the final decision, and reimbursement is never guaranteed. Understanding how to raise this issue early and correctly is essential to a strong claim. Our DuPage County, IL divorce lawyers discuss this further. 

Contributions and Reimbursement During Divorce Under Illinois Law

The Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/503(c), lets a spouse seek reimbursement for "contributions" made to marital or non-marital property. These contributions can include mortgage payments, paying for joint assets, or paying down debts that both parties are responsible for. 

However, to qualify for reimbursement, the payments must be both significant and provable. For example, if one spouse uses their income to make payments on a shared mortgage, the court may consider requiring the other spouse to pay that spouse back.

Illinois courts distinguish between contributions, which may support a claim for reimbursement, and dissipation, which may justify a financial penalty or offset against the dissipating spouse. The key is proving that the paying spouse acted in good faith, protected marital assets, and used non-marital money to do so.

When Is Reimbursement for Shared Debt Most Likely?

Illinois courts are more likely to grant reimbursement under the following circumstances:

• The paying spouse used non-marital funds (such as an inheritance or pre-marital savings).

• The payments preserved marital property, such as a mortgage, taxes, or insurance on the marital home.

• The payments were not voluntary gifts or acts of convenience.

• The paying spouse can produce detailed financial records showing the source and purpose of each payment.

In contrast, courts are less likely to reimburse personal credit card payments, discretionary purchases, or expenses incurred solely for the benefit of the other spouse. Voluntary support that resembles informal spousal maintenance may not be reimbursable unless it was court-ordered or agreed to in writing.

Timing and Documentation Matter When it Comes to Getting Reimbursed for Expenses During Divorce

One of the most common reasons reimbursement claims fail is inadequate documentation. Spouses who continue making payments without keeping clear records may struggle to prove that those payments should be paid back. Furthermore, reimbursement claims need to be raised during the property division stage of the case. If left out, the issue may be totally bypassed.

Working with an attorney early in the separation process can help preserve your financial claims. An experienced lawyer can help you document your contributions, file appropriate motions, and prepare supporting evidence for trial if necessary.

How to Protect Your Chances of Reimbursement During the Separation Period

Separation often creates financial imbalance well before the divorce is finalized. One spouse may take on more financial responsibilities out of necessity, goodwill, or under informal pressure. Without legal guidance, these efforts may go unrewarded or treated as voluntary.

To avoid this, take the following steps:

• Keep detailed records of every payment made on behalf of your spouse or the marriage.

• Track whether funds came from marital or non-marital sources.

• Clearly state your intent to seek reimbursement in writing.

• Work with your attorney to raise the issue at the right time.

Work With a DuPage County, IL Divorce Attorney Who Knows How to Protect Your Finances

In Illinois divorces, fairness is not automatic. If you have covered expenses for your spouse during separation, you need to understand whether you can be reimbursed. The Naperville, IL divorce lawyers at our firm provide thorough financial analysis and strong advocacy during the property division process. We will help you prepare your claim, document your contributions, and pursue a resolution that honors your efforts. Call Pesce Law Group, P.C. at 630-352-2240 to schedule your free consultation.