Can you keep debt separate in marriage?

In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse who incurred them. The exception are those debts that are in the spouse’s name only but benefit both partners.

Who is responsible for a spouse’s debt after a separation?

If you’ve only informally separated, however, the court isn’t involved yet. Therefore, your liability depends on whether you cosigned any of the loans. If you haven’t, your spouse’s creditors aren’t interested in you. In all but the nine community property states, they have no legal recourse to collect from you.

How are marital debts treated in a divorce?

Debts in joint names are treated the same way. Debts incurred by your spouse before you married typically don’t affect you in any way. You’re not liable for them and a divorce court won’t charge you with paying them on their behalf. Courts can also isolate some marital debt and assign it as separate debt to the spouse who incurred it.

Who is liable for marital debts incurred in sole name?

The nine community property states do things a little differently. In these states, both creditors and family courts hold you liable for marital debts your spouse incurred in their sole name.

Can a husband be held responsible for a divorce?

During separation, you can still be held responsible for debts your husband incurs, particularly if you don’t have a legal agreement that specifies otherwise. If he racks up debt on a card you hold jointly, he could be putting you in a potentially devastating situation.

Who is responsible for a spouse’s debt after divorce?

Not all debts held by married couples are treated the same. For instance, debt that was incurred before a marriage would be the responsibility of the indebted spouse after the marriage ends. But if the debt was incurred during the marriage, the spouse responsible for that debt upon separation or divorce can vary.

The nine community property states do things a little differently. In these states, both creditors and family courts hold you liable for marital debts your spouse incurred in their sole name.

Does a legal separation protect someone from the debts of?

Legal separation can protect you from the debts of your spouse effective the day you file for legal separation. Once you file, you are no longer liable for any new debts your spouse takes on. If you are thinking about filing divorce or legal separation, and you have concerns about the debt of your spouse, you should consult with a divorce attorney.

Can a debt be forgiven after separation from a spouse?

This is true even if you are separated from your spouse and had no knowledge of the debt until after it had been incurred. Other states are different. For example, under California law, your creditors will make the distinction between before and after you separate from your spouse.