Can I be held responsible for my ex husband's debt?
Asked by: Mr. Okey Mayer | Last update: July 12, 2025Score: 4.6/5 (19 votes)
Creditors can pursue you for any debts with both your names, regardless of the divorce agreement. If your ex defaults on the payments, the creditor can sue you for the full amount owed, even if the divorce decree assigned the debt to your ex.
Am I responsible for my husband's debt in divorce?
In most states, you are responsible for all credit card debt incurred in your name in a divorce. You will not be responsible for your spouse's credit card debt if it is in their name only. In community property states, if the card originated during the marriage, you are responsible for 50% of the debt.
Am I responsible for my ex-husband's debts?
The general rule is that only the person who accrues the debt is responsible for it, however, sometimes, you can be liable for your spouse's debts even if you did not sign the contract or loan. This can happen only for ``necessary'' items, such as food, medical care, etc.
Can a creditor come after me for my ex-spouse's debts?
A divorce decree or property settlement may allocate debts to a specific spouse, but it doesn't change the fact that a creditor can still collect from anyone whose name appears as a borrower on the loan or debt.
Am I responsible for my ex-spouse's debt after death?
No, you are not personally liable for your late husband's individual debt. The creditors would have to seek repayment from his estate in probate.
Am I Responsible For My Ex's Debt - ChooseGoldman.com
Do I have to pay my ex husbands debt?
Generally, debts incurred during the marriage are considered marital debts, making both spouses potentially liable for repayment. This holds regardless of who initiated the debt or who benefited from it, as long as the debt was taken on while the couple was legally married.
What is an ex wife entitled to when her ex husband dies?
Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.
Can I sue my ex husband for money he owes me?
If your ex-spouse doesn't pay voluntarily, you can use different court processes to collect from their pay or bank accounts, or other property. This can be very time-consuming. You may want to get help from a lawyer.
Can my bank account be garnished for my husband's debt?
The relevant information to focus on here is that California is a community property state, which means that legally married couples jointly own everything – including debt. As a result, it is possible for a creditor to garnish a spouse's bank account if their spouse owes a debt.
What happens if you are not legally separated?
Unlike a formal divorce or legal separation, where legal documents and court proceedings dissolve the marriage or establish specific terms for the separation, living apart without a legal agreement means that the marital status remains intact.
What constitutes financial infidelity?
Examples of financial infidelity include lying about purchases, hiding a gambling problem, having a secret savings account, and hiding debt.
Can a debt collector call my ex husband?
In a Nutshell
Debt collection agencies can contact family members or your place of work, but they have to be careful about what they ask about. They can't discuss your debt with any third parties. They're really only supposed to call third parties if they can't reach you or don't have your contact information.
Does my ex have to pay half of the bills?
With household and utility bills, the person whose name is on the bill is legally obligated to pay.
Is divorce considered a financial hardship?
However, the financial strain caused by divorce can sometimes meet the IRS's criteria for a hardship. For instance, expenses related to legal fees, settlements, or living adjustments required by a divorce decree might be considered.
In what states are you responsible for your spouse's debt?
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
How do you get out of debt after divorce?
Filing for bankruptcy is another possible solution to get rid of post-divorce debt. It's especially ideal if you already have a low credit score. This can give you a clean break from your divorce debt, so you can move forward faster without the burden of your divorce debt.
How long before a debt becomes uncollectible?
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
What type of bank account cannot be garnished?
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
Can I be forced to pay my spouse's debt?
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
Am I responsible for my ex-spouse's debt?
When you get divorced, you're still responsible for any debt in your name. If you have shared accounts in both of your names, such as a joint credit card or shared mortgage, you and your ex will likely share responsibility for the debt equally.
Can I sue my ex husband for emotional distress after divorce?
While the requirements vary from state to state, you typically need to show the following elements: Intentional extreme and outrageous conduct. Causation. Severe emotional distress and possible bodily harm.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
Do I get my ex husband's full Social Security if he dies?
you're eligible for some of your ex's Social Security
That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
Can my ex-wife claim my pension years after divorce?
Original divorce agreement: If the divorce decree explicitly states that the pension is to be divided, the ex-spouse may still have a claim, even years later. State laws: Some states have statutes of limitations on claims against retirement assets, while others may allow claims to be made at any time.
Can my ex-wife get part of my Social Security check?
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).