Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide

The responsibility for debt after divorce depends on the type of debt, when it was incurred, and the state laws where the divorce is filed.

Community Property States

In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), all debts incurred during the marriage are generally considered joint responsibility, regardless of whose name is on the account.
This includes:
- Credit card debt
- Auto loans
- Mortgages
- Medical bills

Example:
If your spouse took out a credit card in their name alone during the marriage, you may still be responsible for half of that debt in a community property state.

Equitable Distribution States

In equitable distribution states, debt is divided fairly but not always equally.
Courts look at:
- Who incurred the debt and for what purpose (Was it for family needs or personal use?)
- Each spouse's ability to pay
- Whether one spouse will keep certain property (e.g., the house or car with a loan attached)

Example:
If one spouse racks up credit card debt on personal purchases without the other’s knowledge, the court may assign more of that debt to the spender.

Marital vs. Separate Debt

Marital Debt: Debt incurred during the marriage for the benefit of the household (e.g., mortgage, car loans, credit cards).
Separate Debt: Debt incurred before marriage or for personal use during the marriage (e.g., gambling debt, secret credit cards).
Courts generally assign separate debts to the spouse who created them.

Joint Accounts and Cosigned Loans

If both names are on a loan or credit card, creditors can pursue either party for repayment, regardless of the divorce decree.
If your ex-spouse is supposed to pay a joint debt but fails to do so, creditors can come after you.
Refinancing or removing names from accounts after divorce is crucial to avoid credit damage.