Can Husband and Wife Have a Single-Member LLC in Illinois?

No. Illinois law requires a single-member LLC to have exactly one owner. A husband and wife are two separate legal persons and cannot jointly own a single-member LLC under 805 ILCS 180/5-5. If spouses want to operate together, they must form a multi-member LLC with both listed as members, or one spouse must be the sole member with the other having no ownership interest.

Multi-Member LLC for Spouses

Married couples can form an LLC with two members by listing both on the Articles of Organization (805 ILCS 180/5-40). Each spouse is named as a member with their business address. This structure provides identical liability protection and tax flexibility as a single-member LLC while accommodating joint ownership.

Filing Requirements

File Articles of Organization with the Illinois Secretary of State. The filing fee is $150, with standard processing taking approximately 10 business days. Include both spouses' names and addresses as initial members. Online filing is available through the Secretary of State's website.

Required information:

LLC name with approved Illinois designator (LLC, L.L.C., or Limited Liability Company)
Principal place of business address
Registered agent name and Illinois registered office address
Both spouses' names and business addresses as members

Single-Member Structure (One Spouse Only)

If spouses prefer single-member status, one spouse can be the sole member while the other has no ownership interest. The sole member's name appears on the Articles of Organization. The other spouse can serve as a manager if operational involvement is desired, but this does not create co-membership.

Tax Considerations

A multi-member LLC is taxed as a partnership by default unless you elect S-corp or C-corp treatment. Spouses may qualify for spousal LLC election under federal tax law, which can simplify reporting and allow joint tax filing. Consult a tax professional about your specific situation.

Illinois is not a community property state, so spousal ownership interests do not automatically attach to business assets. Document ownership clearly in an operating agreement.

Next Steps

Decide whether both spouses will be members or one spouse will be sole member
Choose an LLC name with an approved Illinois designator
Designate a registered agent and Illinois registered office address
Prepare Articles of Organization with member information
File online or by mail with the Illinois Secretary of State ($150 fee)
Consult a tax advisor about spousal LLC election options

This is general information, not legal advice. Consult an Illinois business attorney for guidance specific to your situation.