How does marriage work with debt?

Asked by: Georgette Grimes  |  Last update: January 23, 2026
Score: 4.2/5 (61 votes)

And the bottom line is this: In most cases, once you are joined in marriage, the debt of your partner becomes shared debt, not just in the moral sense, but legally, as well. That won't change if you prepare for divorce. In marriage, more than souls are intertwined – finances are part of the mix.

What happens if I marry someone with 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.

Does your debt go away when you get married?

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.)

Are married people responsible for each other's debt?

Taking marital vows does not mean you take on your partner's debts. “If one spouse comes into the marriage with debt, that debt is theirs alone,” Derek Jacques, a family attorney in Detroit, said.

Is it better to be married or single financially?

Studies have shown that married couples are often more financially secure than singles. If you are not inclined to have kids, then marry someone else who feels the same. That will avoid one source of tension in a marriage. Two married people can live on less than if the two were single and not living together.

The Biggest Husband and Wife Money Fights! | Ep. 3 | The Best of The Ramsey Show

29 related questions found

Are there financial downsides to getting married?

The cons: Marriage could expose you to each other's creditors, insurance risks (health care, home, and auto), higher income tax rates, and long-term care costs. Marriage could make you financially responsible for your spouse's dependent children.

What benefits will I lose if I get married?

If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

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.

What is financial infidelity in a marriage?

Financial infidelity in a marriage, which can complicate divorce proceedings, includes behaviors such as: Concealing debt from one's spouse. Secretly making large purchases or investments. Hiding assets or savings. Lying about one's income, earnings, or financial losses.

How can I protect myself from my spouse's debt?

The easiest way is to make sure your spouse signs a prenuptial agreement prior to marriage, but you should not try to do this on your own. Prenuptial (premarital) agreements are complex documents. You do not want to foolishly download some form you find on the web.

How to tackle debt as a married couple?

Be Realistic About the Support You Can Offer

Maybe you want to take the cash you have in the bank and use it to pay off their balances, or perhaps you want to pay a higher percentage of your shared living expenses, so they can put more money toward paying off their debt.

Should you marry someone with financial problems?

“Debt can put a big strain on a marriage,” Dearing says. “Legally, you're not liable for debt your spouse had before you got married. But once you're married, you will likely be involved in paying off your spouse's debts. That's why it's important to be open with about how much you owe before you get married.

Should a wife support her husband financially?

The wife should contribute, but she should not be forced by her husband. If she says she cannot do it, then the husband should let it go and manage to pay what he can. But fundamentally, it is always advisable to marry a woman who is financially buoyant enough for you two to plan about he future of your family.

Can debt ruin a marriage?

In a study of more than 4500 married couples, researchers saw that couples who took on more debt over time became more likely to split up. Couples with higher debt also fought more about money and reported lower marital satisfaction.

Can a creditor come after me for my spouse's debts?

Debt collectors typically can't pursue you for debts that are solely in your spouse's name if you live in a common law state. However, if you live in a community property state or your spouse was a co-signer or co-borrower on the debt, they could be held liable.

Am I liable if my wife is in debt?

If they've taken debt out in their name only, you won't be responsible for paying it back. If you take on joint debt with your spouse, however, then you may be liable if they're not able to keep up with their part of the repayment.

How to leave a partner with no money?

Here are some helpful tips to get you started:
  1. Open your own bank account. If you previously had a joint account, open a new one in your name. ...
  2. Make a budget. ...
  3. Sell and return unneeded items. ...
  4. Address debts. ...
  5. Start your emergency fund. ...
  6. Check for unclaimed money. ...
  7. Seek professional advice.

Can you go to jail for financial infidelity?

Technically, financial infidelity isn't a crime. There aren't any laws stating how a couple must manage their funds or one that holds one partner accountable if they don't share assets with their spouse. For example, you can't have a spouse arrested because you discover they conceal assets from you.

When to leave a lying spouse?

Deciding to divorce a lying spouse might be the best way to distance yourself from the harm of their lies. If you feel that the foundation of trust has been so severely eroded by your partner's dishonesty that the marriage cannot be salvaged, you should feel completely justified in deciding to file for divorce.

How does debt work when you get married?

[Lewis-Parks] When people get married, each person maintains their own individual credit score. So, one score doesn't impact the other score unless you have joints accounts. Any debt you have before marriage remains separate, unless you add your partner as a cosigner.

What happens if I start a business before my divorce is final?

In many cases, the court will award the business to the spouse who ran it but will grants the other spouse other marital assets to offset the value of the business. Or, when both spouses worked hard to build the business, the court may award a share of the company to each spouse.

How does my husband's debt affect me?

You are generally not responsible for your spouse's credit card debt unless you are a co-signer for the card or you're a joint cardholder on the account. However, state laws vary, and divorce or the death of your spouse could also impact your liability for this debt.

Is it better to stay single or get married?

Single people, while more physically active, have poorer diets than married people. Married people also have built-in social and emotional support in each other, are less likely to participate in risky behaviours (such as problem drinking) and have better economic conditions compared to single people.

How long do you have to be married to get your husband's benefits?

You are 62 or older. Or, you are younger but caring for a child under 16 or a child with disabilities who is under 19. Your spouse is elgible for retirement benefits (62 or older) You have been married for at least one year.

How does a $500 monthly allowance save our marriage?

Once upon a time, such spending was a huge, homewrecker of an issue for us. But in September of 2010, my husband, Chris, and I adopted an allowance system. Ever since, we've granted each other $500 a month to spend however we want, no questions asked. And this is how we're still married.