Can a Husband Be Held Accountable for the Credit Card Debt of His Wife?

Marriage brings with it hundreds of changes in how family, friends, the government, businesses and the courts view you and your partner. Only a handful of these changes are immediately obvious, and many couples slowly discover together that marriage means a lot more than loving your partner and saying "I do." One of the most difficult subjects is joint responsibility for debt.

Spouses

Once you marry, you and your spouse are considered a social and economic unit by the government. You file taxes jointly, can open accounts and take out loans jointly, and are expected to support each other financially as well as emotionally. Hence, any debt occurred by both or either of you over the course of your marriage is a liability for the unit.

Prior Debt

If your spouse entered the marriage with prior debt, you are not responsible and a collection agency cannot go after your wages and assets. In the case of a credit card, you are not responsible for your spouse's credit card debt as long as the card was in your spouse's name only and the debt was incurred before you married.

Credit Card Debt

You are just as responsible as your spouse for paying off credit card debt incurred during your marriage, however. Once married, it does not matter if the card is in one or both spouse's names or even if the other is aware of the card's (or cards') existence. You are married, and you are jointly responsible.

Domstic Partners

Some state domestic partner laws are sweeping declarations that give domestic partners all of the rights and responsibilities of married couples, minus the title "marriage," while other states confer only those rights and responsibilities deemed critical. California, Washington and Oregon all had extremely comprehensive laws as of 2010, which conferred the same financial responsibilities on domestic partners as on married couples, which includes joint responsibility for debt.

Problems

Several Wall Street Journal articles, among other publications, have cast debt as a "marriage killer." In a survey by SmartMoney, money ranked as the number one reason that couples fight, and it is a leading reason for divorce. Both sources recommend that couples address money issues as a unit, set concrete goals and limits, and seek professional help before debt gets out of control.