Understanding debt classifications 

Before we dive into spousal obligations, it’s important to understand how different types of debt are classified: 

• Separate debt: Any debt incurred by either spouse before the marriage is considered separate debt belonging solely to that individual. Common examples include student loans, credit card balances, auto loans and mortgages. 

• Joint debt: Any debt that is jointly held by both spouses is considered joint debt. This includes debts opened during the marriage where both names are on the accounts, such as joint credit cards, mortgages, loans, etc. 

• Community debt: In certain states, debts incurred by either spouse during the marriage may be considered community debt that is owed jointly by the couple, regardless of whose name is on the accounts. 

• Marital debt: Some states have the concept of marital debt, which may include debts incurred for certain purposes benefitting the marriage, such as medical bills, home repairs, etc. 

The vast majority of issues surrounding spousal debt obligation result from separate debts brought into the marriage versus debts jointly incurred together as a couple. 

Are you liable for your spouse’s separate debt? 

The short answer is generally no, you are not legally liable for debts your spouse incurred before your marriage in most states. Those remain their separate obligation that creditors cannot legally pursue you for. However, there are a few very important exceptions to be aware of: 

• If you live in a community property state: In community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), most debt accrued by either spouse during the marriage is automatically considered community debt that both spouses are liable for, regardless of whose name is attached. 

• If you take joint legal action: If you make the unwise choice to refinance, consolidate or add your name to any of your spouse’s separate debt accounts, you instantly become legally liable for the obligation. 

• If you reside in a marital debt state: A small number of states (MA, PA, etc.) consider certain categories of debt that benefitted the marriage (home repairs, child expenses, etc.) to be marital debt that both spouses share legal responsibility for. 

• If the debt is used for necessities: In some circumstances, if your spouse’s separate debt was used to pay joint expenses like housing costs, utilities, food, etc., you could be on the hook based on your legal duty to support your spouse. 

Outside of those exceptions, your spouse’s separate debt remains their own obligation, not a shared legal liability that they can pass on to you.  

Guarding against spousal debt issues 

Even if you’re not legally liable for your spouse’s debt, ignoring or mishandling it can create huge financial headaches.  Here are some tips to protect yourself: 

• Have open dialogues about debt: Openly discuss all outstanding debts you each carry before getting married and continue having transparent conversations about debts throughout your marriage. 

• Avoid co-mingling debts: Never consolidate separate debts together or add your name to existing separate debts held only by your spouse. 

• Establish separate credit: It’s wise to maintain separate credit accounts in your name only to avoid any credit score damage from your spouse’s solo debts. 

• Consult a professional: If facing complex debt situations that could create legal liabilities, consult an attorney to understand your state’s laws and liability.