Can a Wife Be Responsible for a Husband's Debt After Marriage?

For a wife going through divorce, it can be stressful and scary to think about paying for a husband's debts after the marriage ends. Post-divorce responsibility for debts may depend on whether the liability is a joint debt or separate debt, as well as on the terms of the couple's divorce decree, judgment or settlement agreement. In addition, a family law court must follow the relevant state's laws when deciding issues of debt division.

Debt Division in Divorce

Debt division is a significant legal issue when a wife and husband decide to end their marriage. Assignment of debts, along with division of the couple's property, may affect each ex-spouse's financial future for years. Each state sets its own divorce laws to determine legal standards for property and debt division during the dissolution of a marriage. Liability for certain debts may vary depending on whether the state follows a community property system. Accordingly, a wife should research the laws of her own state and consider retaining an attorney who practices family law in the area.

Jointly Acquired Debts

When a husband and wife co-sign for a debt obligation such as a credit card or mortgage, both spouses may be responsible for part or all of the debt as determined by their divorce judgment or settlement agreement. In community property law states, spouses may be jointly liable for debts signed by only one spouse if acquired during the couple's marriage. Spouses often need to negotiate division of their joint debts, also known as marital debts, before they can finalize the terms of their divorce.

Separate Debts

When a husband incurred a debt before the date of marriage, the debt may remain his separate debt. While assignment of the debt depends on the divorce laws of their state, the wife likely will not have an obligation to pay the husband's separate debt after their divorce. However, creditors may still be able to reach the spouses' marital property, including income earned during the marriage, as payment for separate debts acquired before marriage. In states that do not follow the community property law system, the husband and wife may each incur separate debts during marriage if those debts do not result from family expenses; in these states, the spouse who incurred the separate debt will likely have responsibility for payment after the couple's divorce.

Divorce Decree and Creditors

The Federal Trade Commission (FTC) warns spouses that creditors can pursue payment from either party when both names appear on an account or debt, even if the divorce decree assigns the debt to one spouse. The divorce decree is an agreement between the wife and husband as a third party, a creditor is not legally bound to follow the divorce decree. The FTC suggests that individuals protect themselves during divorce by converting joint accounts into individual accounts if financially and legally feasible. However, a creditor does not have a legal obligation to convert a joint account into an individual account; the process may require a new application and result in changed terms. If both names remain on a joint account after the marriage ends, failure to pay the account obligations may hurt both individuals' credit scores.