Help! If You Marry Someone with Debt Does It Become Yours?
When you say "I do," your lives merge in many ways – but what about your debts? If you marry someone with debt, does it become yours? The short answer is no, but the reality is a bit more complicated than that.
You won't automatically inherit your spouse's pre-marriage debt, but your financial responsibilities after marriage depend largely on where you live and how you manage money together. Here's everything you need to know about how your spouse's debt influences you.
If You Marry Someone with Debt, Does It Become Yours?
When it comes to debt incurred before marriage, you generally won't inherit your spouse's pre-existing debt. Those student loans they took out in college? Their responsibility. That credit card debt from their past? Still theirs.
Generally speaking, your financial history before marriage remains your own - just like you don't suddenly gain your spouse's college degree or credit score!
The numbers show why this matters more than ever. American household debt hit a record $16.9 trillion at the end of 2022, up $2.75 trillion since 2019. Americans owe $986 billion on credit cards, $11.92 trillion on mortgages, $1.55 trillion on vehicle loans, and $1.60 trillion on student loans.
That is a LOT of debt. So, chances are, your partner will have at least SOME debt, but you're typically not responsible for your spouse's debt acquired before marriage.
Are Married People Responsible for Each Other’s Debt?
The rules for debt acquired during marriage are quite different from pre-marriage debt.
It mostly depends on where you live. Each state has its own laws about how married couples share financial responsibility. Let's dig into this more.
So, How Do You Handle Debt During Marriage?
Your liability for marital debt depends on whether you live in a common law state or a community property state. These states have two different approaches to handling married couples' finances.
Common Law States
Most US states follow common law principles, which generally means you're only responsible for debts in your name.
Let's say your spouse takes out a personal loan during your marriage. If only their name is on the paperwork, they're the only ones legally responsible for repayment. This usually applies even if they used that money for shared expenses.
For example, if your husband opens a credit card account solely in his name and runs up a $5,000 balance, creditors typically can't come after you for payment in a common law state.
Of course, if both of you sign for a debt – like co-signing a mortgage or opening a joint credit card – you're both legally responsible for repayment. But when it comes to individual debts, they're your own.
Community Property States
Community property states view marriage as a complete financial partnership, so you share the debt liability with your spouse. Most debts incurred during marriage become "community debt," meaning that both spouses are equally responsible, even if it's not your name on the paperwork.
As of 2025, there are currently nine community property states:
Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin
For example, in a community property state, if your wife starts a small business using a business credit card, you could be equally liable for that debt, even if your name isn't on that card.
That's why open communication about financial assets and decisions becomes especially important in those states.
How Do You Handle Debt After Divorce?
The short answer is that it depends and can have many nuances depending on your state and financial circumstances.
Divorcing couples often assume that whoever's name is on the debt takes responsibility for it after divorce. But it's not that simple. Even if your divorce decree assigns your partner's debt to them, debt collectors can still come after you for joint debts you shared during marriage.
Your divorce agreement might state that your spouse is responsible for paying off the joint account you shared, but creditors aren't bound by this agreement. They can still pursue either person named on the account for payment.
This is why many financial advisors recommend separating joint property and debts before finalizing a divorce. This is not legal advice, so make sure to consult with a knowledgeable divorce lawyer about your particular situation, joint credit card accounts, and debt repayment options.
Am I Responsible for My Spouse’s Credit Card Debt in Divorce?
For cards solely in your spouse's name, you're typically not responsible. But this can vary depending on whether you live in a common law or community property state.
However, joint credit cards are different. Even if your ex agrees to pay off the balance as part of your divorce settlement, the credit card company can legally pursue both of you for payment if they default.
Does Marrying Someone with Bad Credit Affect Yours?
Your spouse's credit score won't automatically impact yours after marriage. Your credit report remains your own. That said, your partner's credit history can affect your financial future together.
If you ever want to apply for a joint loan or a joint account, lenders will look at both credit scores. If your spouse has poor credit or no credit history, it could mean higher interest rates on your joint credit account or loan denials.
Can You Get a Prenup to Manage Debt Responsibilities?
Yes! You can use a prenuptial agreement to shield you from future debt obligations.
A well-drafted prenup can specify how you'll handle premarital debts and create guidelines for managing debt acquired during marriage. You can even outline responsibilities for specific types of debt, like business loans or student loans.
So, What Happens When You Marry Someone Who Has Debt?
Money is one of the leading causes of divorce in America, with financial problems contributing to 20-40% of all divorces. That means that for every 10 divorces, 4 of them happen largely because of money.
This is why financial transparency before and after marriage is so important. Having a clear understanding of your partner's debt and financial situation can help you plan for your future together.
Make sure to discuss:
The total amount of debt
Interest rates and monthly payments
Their plan for repayment
How it might affect your shared financial goals
You can marry someone who has significant debt and still make your marriage work with regular transparent money talks and the willingness to work together toward common goals.
What to Do If You Found Out Your Partner Is in Debt?
Finding out about hidden debt can feel like a betrayal, so it's understandable if you feel angry and frustrated. That said, handling this discovery in a productive way can help you improve your relationship and get on the same financial page.
Give yourself enough time and space to calm down, and then have a non-judgemental conversation. Try to understand the full picture, such as the total debt amount, how it accumulated, and any current repayment plans. Discuss your feelings, and work together on a solution.
As The Couples Financial Coach, I often help my clients overcome similar situations.
FAQs
If You Marry Someone with Child Support Debt Does It Become Yours?
Child support debt from before your marriage stays your spouse's sole responsibility. Your household income will likely be affected - because your spouse will have to make these payments - but you're not legally responsible for their child support debt. That said, if they incur new child support debt during your marriage, this could be considered marital debt in community property states.
If You Marry Someone with Student Loan Debt Does It Become Yours?
No, student loans taken out before marriage stay with the person who borrowed them even after marriage. If your spouse takes out new student loans during marriage in a community property state, or if you co-sign on their student loans at any point, you could become responsible for that portion of the debt.
Do You Inherit Someone’s Debt When You Marry Them?
No, you don't automatically inherit pre-existing debt when you marry someone. This includes credit cards, student loans, and personal loans your spouse took out before marriage. With new debt acquired during marriage, your responsibility depends on your state's laws and whether you've co-signed on any accounts.
Does Your Debt Go Away When You Get Married?
No, marriage doesn't erase your debt. You're still responsible for any debt you brought into the marriage. Combining incomes might help you pay off debt faster, but the legal obligation for pre-marriage debt stays with the original borrower.
Can You Get Married and Keep Finances Separate?
Yes, you can maintain separate finances after marriage using individual bank accounts, separate credit cards, and other tools. You may also consider signing a prenup. That said, some financial entanglement is inevitable – joint household expenses, shared tax returns, and state community property laws can all blur the lines between "yours" and "mine."
Ultimately, marriage is all about financial teamwork in whatever shape makes sense for your marriage.
Achieve Financial Teamwork and Tackle Debt in Your Marriage
Dealing with debt in a marriage can be scary and frustrating, but treating it as a shared challenge to overcome together, even if the legal responsibility belongs to just one spouse, can help you grow stronger together.
If you're ready to figure out the best way to deal with debt as a couple and get on the same financial page, book a free consultation call with The Couples Financial Coach!
Want to level up your game around money in your relationship? My free quiz will help you learn your Couple’s Money Personality Type AND how you can grow from there!
Adam Kol is The Couples Financial Coach. He helps couples go from financial overwhelm or fighting to clarity, teamwork, and peace of mind.
Adam is a Certified Financial Therapist™, Certified Mediator, and Tax Attorney with a Duke Law degree and a Master's in Tax Law from NYU. He is a husband, dad, and musician, as well.
Adam's wisdom has been shared with The Wall Street Journal, the Baltimore Ravens, CNBC, NewsNation, and more.
