Can My Spouse Be Pursued for My Debts?

Am I Responsible for My Spouse’s Debt? 

In the United States, your spouse's responsibility for your debts depends on whether you live in a community property state or a common law state. It can also vary based on the type of debt in question.

If you live in one of the nine community property states, your spouse may be responsible for certain debts, even if only your name is on the account. 

The nine community property states in the United States are: 

• Arizona

• California

• Idaho

• Louisiana

• Nevada

• New Mexico

• Texas

• Washington

• Wisconsin

In community property states, most debts incurred during the marriage are considered "community debts," which means both spouses could be liable for repayment, regardless of who originally incurred the debt. However, as a general rule, debts that either spouse incurred before marriage are usually treated as separate and wouldn’t affect the other spouse.

If you live in a common law state, only the person who incurred the debt is typically responsible for paying it. This means that, generally, your spouse is not liable for your debts unless they co-signed the debt or it’s a joint account.

It’s important to note that even in common law states, certain types of joint household debts (such as medical expenses in some states) may be treated differently.

What Is a Community Property State?

A community property state is a state where the law considers most property and debts acquired during a marriage to be jointly owned by both spouses (called marital property), regardless of who earned the income or whose name is on the account. In these states, almost everything gained or owed during the marriage is treated as “community” property or debt, meaning both spouses are equally responsible. This can impact things like debt liability, property division in a divorce, and inheritance.

There are currently nine community property states in the U.S. In these states, debts one spouse incurs during the marriage can sometimes become the responsibility of both spouses, even if only one spouse signed for the debt. However, any property or debts brought into the marriage typically remain separate.

What Is a Common Law State?

A common law state is a state where property and debt ownership is based on whose name is on the title or account, rather than being automatically shared by both spouses. These states are sometimes called common law property states. 

In common law property states, anything you earn or acquire in your own name during the marriage is considered separate property, meaning it belongs solely to you. The same goes for debts — if only one spouse signs for a debt, generally only that spouse is responsible for repaying it.

Most U.S. states follow common law rules, unlike the nine community property states where property and debts are usually shared equally between spouses. In a common law state, if a married couple separates or divorces, each person typically keeps their own property and debts, unless they’ve chosen to share assets by putting both names on titles or accounts.

Do You Take on Your Spouse's Debt When You Get Married?

Getting married doesn’t automatically make you responsible for your spouse’s debt. In most cases, any debt your spouse had before your marriage remains their own. This includes things like student loan debt, credit card debt, or personal loans they took out before saying “I do.”

One exception would be if you co-signed or co-borrowed on a loan or if you’re a joint account holder with your partner before you get married.

Co-signing a loan means that you agree to take on equal responsibility for repaying the debt if your spouse can’t pay it back. Co-borrowing works similarly: If you take out a loan together, both of you are equally responsible for repaying it. This can apply to mortgages, joint credit cards, auto loans, or other shared financial agreements.

What Happens If I Don't Pay My Debts?  

If you stop paying your debts, the consequences start minor and get more serious over time. 

First, your creditor (like your credit card company or lender) will usually call you or send written notices. These reminders are meant to nudge you to make a payment and bring your account current.

You’ll likely face a late fee once you’ve missed a payment. This will be added to your account balance. Interest will also continue to accumulate.

Once your payment is 30 days late, most creditors will report it to the major credit bureaus. This can significantly hurt your credit score, which may make it harder to borrow money or rent an apartment.

If several months without payment pass, your creditor may transfer or sell your debt to a collection agency. Collection agencies are typically more aggressive in their approach. They make frequent phone calls and send notices in the mail, but they may also contact you via social media. 

If these debt collection efforts aren’t successful, the next step is often a debt lawsuit. If you’re sued, you’ll receive a summons and complaint, which officially notify you of the lawsuit. If you ignore the lawsuit, you’ll probably lose by default. If you lose the case, the debt collector can get a court order for wage garnishment, a bank levy, or a property lien. Typically the only type of income that is not subject to garnishment is federal benefits such as Social Security benefits, SSI, disability benefits, VA benefits, or retirement benefits.

Can a Creditor Take Legal Action Against My Spouse for My Debt?

Whether a creditor can take legal action against your spouse for your debt depends on where you live and how the debt was incurred. 

In community property states, most debts taken on during the marriage are considered shared, so creditors might be able to go after property or money that both you and your spouse own together, like joint bank accounts or shared property. However, debts you took on before the marriage usually remain separate, so your spouse wouldn’t be responsible for those. 

In common law states, creditors typically can’t go after your spouse for debts that are only in your name unless your spouse co-signed or co-borrowed that debt with you. 

Can Bankruptcy Protect My Spouse From My Debt?

Bankruptcy can be a powerful tool for managing debt, and it might even help protect your spouse from the financial fallout of your debts. Whether it can shield your spouse depends on your state’s property laws and whether your spouse shares responsibility for the debt.

When you file for bankruptcy, something called an automatic stay takes effect. This stay stops creditors from taking any collection actions against you, including calls, wage garnishment, or lawsuits. If you live in a community property state, this automatic stay may extend to shared property, which can offer some protection to your spouse. However, it’s important to know that their individual assets might still be at risk if they don’t file jointly with you.

In common law states, your bankruptcy generally won’t impact your spouse’s separate assets unless they’re a co-signer or co-borrower on your debts. If your spouse has co-signed a loan or shares a joint account with you, bankruptcy won’t stop creditors from trying to collect from them. This means they could still be responsible for repaying joint debts even after your bankruptcy discharge.

Whether you file alone or together, at the end of your bankruptcy case, you’ll receive a discharge. This court order eliminates your legal obligation to repay the debts included in the bankruptcy and prevents creditors from trying to collect those debts again. It’s important to note that while your discharge can free you from debt, it doesn’t directly protect your spouse unless they also file for bankruptcy or their assets are covered under community property laws.

Frequently Asked Questions About Spousal Debt

Here are some frequently asked questions about spousal debt. Remember, the answers to these questions can vary by state and the type of debt involved. It may be helpful to schedule a free consultation with a lawyer to get legal advice specific to your case if you aren’t sure about how your state’s laws apply to your situation.

Does My Spouse’s Debt Affect My Credit Score or Credit Report?

No, your spouse’s debt does not directly impact your credit score or appear on your credit report. When you get married, your credit histories stay separate, so debts taken out solely in your spouse’s name will only show up on their credit report and affect their credit score.

However, if you take on joint debt, such as a shared credit card or a co-signed loan, that debt will appear on both of your credit reports and can impact both credit scores. Missed payments or high balances on joint accounts can hurt your credit, even if your spouse is the one making the payments. Additionally, if you live in a community property state, any debt incurred during the marriage may still affect your household finances, which could make it harder for you to manage your own credit health.

So, while your spouse’s separate debt won’t directly affect your credit, any joint financial decisions you make can.

Can a Debt Collector Come After My Spouse for My Debts?

Debt collectors typically can't pursue you for debts that are solely in your spouse’s name if you live in a common law state. However, if you live in a community property state or your spouse was a co-signer or co-borrower on the debt, they could be held liable. In that case, a debt collector could pursue them for repayment. Check your state’s specific debt collection laws for more details.

Can a Creditor Garnish My Spouse’s Wages for My Debt?

A creditor can only garnish your spouse’s wages if they are also liable for the debt, such as if they co-signed a loan or live in a community property state. Otherwise, your spouse’s wages are usually protected from garnishment for debts that are solely in your name

How Does a Judgment Against Me Affect My Spouse?

If you have a judgment against you, it could affect your spouse in certain situations. If you live in a community property state, creditors might be able to go after joint assets to collect on the debt. This means property or money you both share could be at risk. On the other hand, if you live in a common law state, the judgment is usually only tied to the person who owes the debt. Your spouse wouldn't be responsible unless they co-signed or co-borrowed the debt with you.

Is My Spouse Responsible for My Medical Debt?

Responsibility for medical debt varies by state. Some states apply the “doctrine of necessaries,” which may hold spouses responsible for each other’s essential expenses, like medical bills. In community property states, medical debt incurred during the marriage could be considered a shared responsibility.

Am I Responsible for My Spouse’s Student Loans or Financial Aid Debt?

In general, you aren’t responsible for any student loans your spouse took on before your marriage. These debts are considered separate property, which means your spouse is solely responsible for repaying them. This is true whether you live in a common law state or a community property state.

However, things can change if you refinance the student loans together or co-sign a new loan. In that case, you would be equally responsible for repaying the debt. Additionally, in community property states, loans taken out during the marriage could be considered shared debt, so it’s important to understand your state’s laws and any agreements you make with your spouse.

Can a Prenup Protect Me From My Spouse’s Debt?

Yes, a prenuptial agreement (prenup) can help protect you from being held responsible for your spouse’s debt. A prenup is a legally binding contract signed by both parties before marriage. It outlines how assets and debts will be divided if the marriage ends or if one spouse faces financial trouble during the marriage.

Including specific terms about debt in a prenup can clarify which debts will remain separate and which might be shared. For example, you can state that any debt your spouse incurs before or during the marriage will remain their sole responsibility. This can be especially helpful if you live in a community property state, where debts taken on during the marriage are often considered shared by default.

To ensure that a prenup is enforceable and covers all the necessary details, consider getting legal advice from an attorney who specializes in family law. This way, you can make sure your financial interests are protected and that the agreement meets your state’s legal requirements.