Am I Responsible for My Husband’s Debts if We Divorce?

In most cases, you are not automatically responsible for your husband’s debts after a divorce, unless the debts were incurred jointly or you live in a community property state. The key factor is whether the debt is considered marital or separate.

1. Individual vs. Joint Debts

• Individual Debts: If the debt is in your husband’s name only (e.g., a credit card he opened on his own), you typically are not responsible for it after divorce, unless you co-signed or guaranteed it.
• Joint Debts: If both of your names are on the account (e.g., joint credit cards, co-signed loans), then you are both legally responsible, regardless of who made the purchases or payments.

2. Community Property vs. Equitable Distribution States

• Community Property States (e.g., California, Texas, Arizona): Debts incurred during the marriage are generally considered shared, even if they’re in just one spouse’s name. This means you could be on the hook for a portion of your husband’s debts, even if you didn’t sign for them.
• Equitable Distribution States: Most states follow this approach. The court divides marital debts fairly, but not necessarily equally. They will consider factors like who incurred the debt, why, and each spouse’s financial situation.

3. What the Court Can Do

During divorce proceedings, a judge can:

• Assign certain debts to one spouse or the other.
• Consider debt responsibility when dividing property.
• Offset debts with assets (e.g., one spouse gets more property but also more debt).

However, creditors are not bound by divorce orders. Even if your spouse is ordered to pay a joint debt, the creditor can still come after you if your name is on the account.

Bottom Line:

You are usually only responsible for debts you co-signed or that were incurred during the marriage, especially in community property states. To protect yourself:

• Know which debts are in your name.
• Remove your name from joint accounts if possible.

Work with a divorce attorney to ensure debts are fairly divided and properly documented in your divorce agreement.