According to U.S. law, a debtor is the only person responsible for his debts. When a creditor is seeking repayment of a debt, it is only the person or people who have claimed responsibility for the debt that he can contact and attempt to collect the money from. This means that a creditor, including the state, can only garnish money from the person who owes the creditor money, which may include one or both spouses.
Civil Judgment
Before a couple can have their wages garnished, the creditor must have the debt declared legally valid by a judge. This can only be done by suing the person who owes the debt in court -- generally, a debtor will be sued for breach of contract, for breaching the contract that led to the debt -- and winning. When a civil judgment is issued, the judge will spell out clearly who is responsible for the debt.
Garnishment
After a civil judgment, an order of garnishment can follow, one that mandates the seizure of the debtor's funds generated from an income stream such as a job. A judge will only order a garnishment that is directed at the person who owes the debt. The state cannot target a debtor's spouse's wages unless the spouse is liable for the debt.
Bank Account Seizure
Although a spouse's wages may not be garnishable, this does not mean that the state cannot seize them in another way. Once funds have been deposited in an account held by both parties, the state may be able to seize these funds if it can show that both parties -- the debtor and his spouse -- control the account. Unless the non-debtor spouse can show this account is hers alone, the state may be able to use it to pay back the debt.
Taxes
In some cases, a couple who file taxes jointly may fail to pay the full amount that the state declares they owe. In such a case, the debt would be owed by both parties. So, in such a case, the state would seek a civil judgment against both spouses and would likely be allowed to garnish both of their wages, as the debt is jointly held.
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