Debt Liability & Responsibility
Does divorce protect me from my spouse’s debt?
Not automatically. A Washington court can divide debts equitably under RCW 26.09.080, but creditors are not bound by a divorce decree and may still pursue anyone whose name is on an account. A common and costly mistake is trying to “load” debt onto the other spouse; when that spouse inevitably struggles to pay, both parties’ credit and finances suffer. A better approach is coordinated planning—refinancing, closing accounts, or restructuring debt—to ensure long-term stability rather than shifting the problem.
➡ Learn more about how property is divided at Property Division in Divorce
How does Washington divide marital debt?
Washington Courts treats most debts incurred during the marriage as community obligations, meaning both spouses are generally responsible regardless of whose name is on the account. The court does not simply assign debt to whoever “caused” it. Instead, judges look at timing, purpose, and overall fairness under RCW 26.09.080.
Debts tied to ordinary household needs are usually shared, while unusual or harmful spending—such as gambling, hidden credit lines, or clear financial misconduct—may influence how the court allocates responsibility. Ultimately, debt division is based on the entire financial picture, not one disputed purchase.
Can I be held responsible for debts my spouse created without my knowledge?
Possibly. Washington law presumes debts incurred during marriage are community obligations, especially if they supported household needs. However, hidden or wasteful spending (gambling, affairs, undisclosed credit lines) may be assigned to the spouse who created the debt when fairness requires it.
What happens to joint credit cards and loans after divorce?
A divorce decree can assign responsibility, but creditors still view joint accounts as binding on both spouses. The only way to fully separate liability is to close the account, refinance it, or replace it with an individual account. But this will often require the court to approve such action even if it is by agreement. Make sure you coordinate with your attorney to make sure you don’t cross a line when addressing debt payments.
Can new debts made after separation be assigned only to the spouse who created them?
Often yes, but not always. The allocation of debt in a divorce depends a lot on the timing and purpose of the debt. If, for example, you do not file anything with the court and are informally separated to try it out before moving forward, it is less likely to be considered a separate debt. But if new debts were made after filing and serving a divorce petition, it is more likley that the court would assign to the person who took out the debt.
What if my spouse wasted money on gambling, affairs, or addiction?
Courts can consider “waste” or dissipation of community assets when dividing property and debt. If one spouse used marital funds for personal purposes that did not benefit the family, the court may assign that debt to them or compensate the other spouse through asset division. Proving dissipation requires evidence—bank statements, patterns of behavior, or corroborating documents—so early investigation is important.
Who is responsible for joint credit card debt after divorce?
Courts divide the debt, but creditors treat both names as responsible until the account is closed or refinanced. Clear deadlines and enforcement tools in the final orders are essential to prevent long-term credit damage.
What happens to medical debt in a divorce?
Medical bills incurred during marriage are usually community debts, even if tied to one spouse. Courts consider insurance coverage, income, and fairness when dividing responsibility.
Does student loan debt get split in a divorce?
Loans taken for one spouse’s education are often treated as that spouse’s separate responsibility. However, if the loan supported household expenses, the court may divide it. The purpose and timing of the debt drive the outcome.
Can creditors pursue me even if the court ordered my ex to pay the debt?
Yes. A divorce order binds spouses, not lenders. If your ex misses payments on a joint account, your credit can be affected. Enforcement options exist, but proactive refinancing or account closure provides the strongest protection.
