Am I Responsible for My Spouse’s Debt?
- An individual debt taken out before the marriage is typically the borrower’s responsibility, while cosigned or co-borrowed debts (as well as joint accounts) are typically shared because both individuals’ names are on the documents.
- Most states use common law, under which a married couple only shares responsibility for a debt if it benefits the marriage.
- A handful of states instead use community property law, which can treat certain debts as “community debt” — meaning married folks may share responsibility.
- In the case of divorce, debts are typically divided between both individuals, either based on an agreement between them or what a judge determines, based on state law.
Marriage brings people together, and that often means combining finances. But that can lead you to ask uncomfortable questions like: “am I responsible for my spouse’s debt?” The answer to this question depends on several factors, including where you live and when the debt was taken on. Understanding your legal obligations is important, and can help you plan for your financial future and protect yourself.
Here’s what you need to know about who’s responsible for various debts when you’re married.
When you are (and aren’t) responsible for a spouse’s debt
When you get married, your existing debts are still your responsibility, and the same is true of your spouse’s debts. However, there are times when you may be legally responsible for repaying their debt.
You may be responsible for your spouse’s debt if:
- You cosigned or co-borrowed the debt, whether or not that debt predated the wedding.
- You’re added to a pre-existing account, such as a credit card, as a joint accountholder.
- You were assigned the debt during divorce proceedings.
You typically aren’t responsible for your spouse’s debt if:
- The debt was taken on before the wedding and you haven’t cosigned.
- Your spouse took out a loan before you were married and your name isn’t on the loan documents.
All that said, where you live can have a major impact on what types of debt you might both be responsible for, particularly when it comes to debt originated after your wedding.
How state laws affect marital debt responsibility
Each state has its own laws regarding debt responsibilities for married couples. In common law states, married couples only share responsibility for a debt if it benefits the marriage. That can include things like clothing, food and household items. You’re still liable for joint credit card debt if your name is on the account, whether as a primary borrower or a cosigner.
Keep in mind that creditors can still attempt to collect jointly held assets if debt in your spouse’s name goes to collections.
Some states instead follow what’s known as community property law. In these states, you’re still liable if the debt is in your name or you cosigned on your spouse’s debt. But unlike common law, both spouses can be held equally responsible for debts incurred during the marriage because they’re considered “community debt.” (Some states may only apply this to debts that were considered as beneficial to the marriage, but most debts in marriage are considered community debt in states that follow community property law.)
Community property law applies in the following states:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
What happens to debt in divorce or separation
When couples divorce or separate, the person that is responsible for a given debt typically depends on how those debts are divided up. For example, if a couple agrees to split things up themselves, they may choose who is responsible for each debt — this is true even if state law would assign debts differently.
Alternatively, if the couple goes to trial during a divorce proceeding, a judge will decide who is responsible for which debt, based on state law. Typically, judges assign each spouse a portion of the combined marital or community property, minus those debts. Then they dole out assets and debts, according to that determination.
Keep in mind that joint debts incurred during the marriage, such as mortgages and auto loans, are typically split between both spouses.
What to do if you’re struggling with shared debt
Debt is stressful no matter the circumstances, which is likely why you’re wondering: Am I responsible for my spouse’s debt? It can take years to emerge from debts you accrue, whether you’re a single-income or dual-income household. But there are debt relief options that may help:
- Debt consolidation: You may consider using a personal loan to combine various debts into a new loan. Ideally, doing so can help you secure a loan with a lower interest rate and more affordable monthly payments. But you may need to opt for a longer repayment term to lower your payments, which can increase your total interest payments.
- Balance transfers: Some credit cards offer 0% introductory APRs on balance transfers. If you can pay off the balance before the introductory period ends, you can avoid paying interest on that debt. Just keep in mind that these cards typically come with a balance transfer fee, which is typically a percentage of the transferred amount.
- Exploring forbearance: Some creditors or lenders may offer hardship forbearance or debt forgiveness programs that temporarily pause or reduce your payments. To qualify, you’ll likely need to provide proof of financial hardship.
There are debt relief or debt settlement companies which typically claim to negotiate your debt down in exchange for a fee. However, these programs don’t guarantee results and can end up costing you more money.
If you’re still having trouble making ends meet, talking to a qualified professional may help. The National Foundation for Credit Counseling (NFCC) can help point you in the right direction.
Frequently asked questions
Not necessarily. In general, debts that pre-dated the marriage remain the borrower’s responsibility. If you cosign on an account or co-borrow money, however, you are responsible for that debt. The state you live in can also determine your liability. Some states, for example, use community property law, which can make both parties liable for debt taken on during the marriage.
It depends on where you live. For most Americans, common law applies. That means you wouldn’t be responsible for your spouse’s medical debt unless you cosigned on that debt. However, it may be considered community debt if you live in a community property state. In that case, you would be responsible for that debt. Some states also have necessaries statutes, which may hold the spouse responsible for health care costs.
You can request a free copy of your credit reports from AnnualCreditReport.com. That will include a list of the credit accounts associated with your credit file. If you see something that shouldn’t appear on your reports, you may dispute that by contacting the relevant credit bureau as well as the lender that reported the information.
In general, a surviving spouse isn’t responsible for repaying their spouse’s federal student loan debt after death. What’s more, you typically aren’t responsible for repaying private loans that were taken out prior to the marriage, which you also haven’t cosigned.
However, if your spouse had private student loan debt and you cosigned that debt, or your state considers it community debt, you may be responsible for your spouse’s debt. And, more broadly, your deceased spouse’s estate is typically responsible for their debt. If you aren’t sure whether or not you’re legally liable, you can contact your local bar association or legal aid for help navigating your spouse’s debt.
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