CHICAGO, IL – September 07, 2026 – When a spouse is accused of a crime, the other partner is often left wondering whether they too could face criminal liability, financial obligations, or the burden of testifying in court. Chicago divorce attorney Russell D. Knight of the Law Office of Russell D. Knight (https://rdklegal.com/am-i-responsible-for-my-spouses-crime-in-illinois/) has published guidance addressing when and whether a person can be held responsible for a spouse’s criminal conduct in Illinois, and how those consequences can surface in a divorce.
According to Chicago divorce attorney Russell D. Knight, criminal accountability in Illinois hinges on actual involvement in the offense, not simply on being married to the person accused. Under 720 ILCS 5/5-2, a person is legally accountable for the conduct of another only when they solicit, aid, abet, agree, or attempt to aid in the planning or commission of an offense with the intent to promote or facilitate it. “Being married to someone accused of a crime does not make a person a participant in that crime,” Knight explains. “Accountability requires intent and involvement, not proximity.”
Chicago divorce attorney Russell D. Knight notes that Illinois law is clear that presence alone at a crime scene does not create liability. The statute provides that “mere presence at the scene of a crime does not render a person accountable for an offense,” though presence may be weighed together with other circumstances by the trier of fact. A person is also not accountable if they were the victim of the offense, if the conduct was inevitably incident to the crime’s commission, or if they took timely steps to prevent it, such as warning law enforcement or withdrawing their prior assistance before the offense occurred.
The question of testimony is another common concern. Knight points out that Illinois recognizes a marital privilege under 735 ILCS 5/8-801, which allows a husband and wife to testify for or against one another but bars either from disclosing confidential communications made between them during the marriage. “The marital privilege is intended to preserve the privacy of communications between spouses,” Knight says. He adds that the privilege belongs to the spouse who made the statement, meaning that partner may insist their confidential remarks not be revealed in a criminal court, although a spouse may still testify about conduct they personally observed.
Financial exposure is a separate matter. Attorney Knight explains that when a spouse is convicted of stealing or damaging property, an Illinois court may order restitution under 730 ILCS 5/5-5-6, requiring repayment for out-of-pocket losses, damages, or injuries proximately caused by the criminal act. The court allows credit for property returned in kind and for losses already covered by insurance, and restitution is never ordered for pain and suffering. Importantly, the restitution order runs against the convicted spouse alone.
Even so, Knight observes that a victim may pursue the other spouse in civil court under limited circumstances. Under 750 ILCS 65/15, a creditor generally cannot sue one spouse for the non-family expenses of the other unless that spouse agreed in writing to be liable, or unless the goods purchased are in that spouse’s possession or services were rendered for their benefit. “If a person is in possession of stolen goods, or if stolen funds were spent on them, they could be drawn into a private lawsuit,” Knight notes. “Otherwise, the obligation belongs to the person who committed the act.”
For many families, a criminal conviction becomes the catalyst for divorce. Knight explains that in a dissolution proceeding, an Illinois court determines whether debts and obligations are marital based on when they were incurred. Under 750 ILCS 5/503, marital property includes debts and other obligations acquired after the marriage, so restitution ordered before a divorce is finalized may be classified as marital and therefore divisible. However, Knight emphasizes that Illinois courts divide marital property in just proportions, considering each party’s contribution to the increase or decrease in value of property and any dissipation of marital assets. “A divorce court is not going to force an innocent spouse to shoulder a debt created solely by the other spouse’s crime,” he emphasizes.
Knight, who has practiced family law since 2006, litigates matters involving marital property division and related financial disputes on behalf of clients in Illinois courts. He is also the author of the chapter on “Obtaining Orders of Protection” for the 2024 edition of the Illinois Institute for Continuing Legal Education Family Law guide, and his commentary has appeared in national outlets including NBC News, Newsweek, and Inc. Magazine.
For those whose spouse has been accused of a crime and who are considering ending the marriage, consulting an experienced Illinois divorce attorney may help clarify their exposure and protect their interests before, during, and after the proceedings.
About Law Office of Russell D. Knight:
The Law Office of Russell D. Knight is a Chicago-based family law firm concentrating on divorce, child custody, marital property division, and related financial and personal disputes. Led by attorney Russell D. Knight, the firm serves individuals and families throughout Illinois. For consultations, call (773) 334-6311.
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Website: https://rdklegal.com/