Can They Garnish My Spouse's Wages if I Owe Creditors?

If you owe a debt to a creditor, and you do not make your debt payments as agreed, the creditor will typically respond by making collection calls and sending letters demanding payment of your past-due balance. Continued delinquency can result in the creditor hiring a third-party collector to contact you; however, if you still fail to resolve your delinquency, the creditor or collector in most states may resort to wage garnishment. In some cases, this may include garnishment of your spouse's wages.

Obtaining a Judgment

Most creditors, except government entities and courts seeking recovery of unpaid child support or taxes, must sue you in court before garnishing the wages of either you or your spouse. The lawsuit is typically filed in civil court in the county where you live. Unless you can successfully compel the court to dismiss the suit by showing that the creditor improperly filed the lawsuit, the court will issue a judgment allowing the creditor to seek garnishment.

Joint Debt

If both you and your spouse are listed on the debt contract or agreement, the creditor can garnish your wages, your spouse's wages or both. As joint debt holders, both you and your spouse are responsible for repaying the loan, and a judgment makes both parties legally liable for the debt. Garnishing both your wages and your spouse's wages at the same time can benefit the judgment creditor, because it facilitates faster satisfaction of the judgment debt than if the creditor garnished only your earnings.

Community Property

Some states have community property laws. In these states, you and your spouse jointly own all assets and debt accrued after marriage, regardless of which name is listed on the debt. In a community property state, a creditor can typically pursue recovery of a judgment debt by garnishing both your wages and your spouse's wages.

Individual Property States

Although some states adhere to community property law, others consider the property and debt of a husband and wife separate, even if the assets or debt are obtained after marriage. In these states, a creditor cannot pursue recovery of your debt by garnishing your spouse's wages unless your spouse is listed as a borrower or cosigner.