Guides
- How to Get Over a Breakup?
- U.S. Violent Crime Definition & Statistics
- The 5 Steps You Should Know When Adopting a Child
- What Is Criminal Profiling?
- A Full Guide on Reasonable Suspicion vs Probable Cause
- What Is Email Encryption & How to Encrypt an Email?
- What is a White Collar Crime? A Full Guide
- Rental Scams: How Do They Work & How to Catch Scammers?
- A Complete Guide on Parole vs Probation
- 5 Steps to Remove Personal Information from Google
- A Full Guide on House Arrests
- A Complete Guide on Marriage and Civil Union
- How to Safeguard Yourself and Deal with Marriage Debt
- What is Eyewitness Testimony?
- A Full Guide on Gentrification: Why is it a Problem?
- 8 Most Dangerous Twitter Scams and How to Avoid Them
- Pretexting Attacks: Common Types and How to Deal with Them
- How Do Zelle Scams Work and Things to Look Out For
- What Is Business Email Compromise, How to Defend Against It?
- What is a Wellness Check?
- How To Get a Temporary Restraining Order?
- What Is Smishing Attack & How to Avoid It?
- Spam Emails: Types and Ways to Block Them
- Email Masking & Masked Email Addresses
- Spot a Fake QR Code & Avoid Getting Scammed
- Common NFT Scams to Look Out For & Ways to Avoid the Fake Ones
- What to Do If You Witness a Crime?
- What Is Skip Tracing and How Does It Work?
- Common Venmo Scams to Look Out For and How to Avoid Them
- Can You Get Child Custody If You Have a Criminal Record?
- Common Amazon Scams and Ways on How to Avoid Them
- How to Find Liens on a Property?
- Multiple Bankruptcies: How Often You Can File One?
- How to Adopt a Child in the US?
- I Lost My Birth Certificate. What Should I Do?
- Warning Signs of Job Scams and How to Protect Yourself
- What Is a Ban the Box Law?
- What is Expungement?
- How to Transfer Property After Death Without Will
- What Is a Police Blotter?
- How to Appeal a Parking Ticket
- What Is a Clean Driving Record?
- What is Title Washing?
- What is Extortion?
- How To Run a Motorcycle Title Search
- What Is a Digital Footprint?
- What is Anti Money Laundering (AML)?
- Guide on How to Get a Death Certificate
- What is the US Equal Employment Opportunity Commission (EEOC)?
- What is Multi Factor Authentication?
- What is a Citizen's Arrest?
- How to Know that You’re in an Obsessive Relationship
- Guide to Online Survey Scams
- 13 Different Types of Police Officers
- Full Guide on Work-from-Home Scams
- Is Private Browsing Really Private?
- Different Types of Felony Classes & Charges
- What is Juice Jacking?
- What are Romance Scams?
- Traffic Offenses and Violations
- What is Doxing and How to Prevent it?
- What are Spam Text Messages
- The U.S. Death Penalty: History and Modern Usage
- A Guide to Different Types of Bankruptcies
- Common eBay Scams to be Aware of
- What Happens When You are Booked in Jail?
- What Information Can You Get From A License Plate
- Different Types of Assets
- 8 Tips to Help You Find Family Members
- Car History Guide, Benefits, Importance
- Am I Dating a Stalker?
- How to Find out if Your Partner is Cheating
- What Is A Packet Sniffing Attack
- Intellectual Property Law and Rights
- Cyberstalking And Its Dangers
- A Guide to Phishing Scams
- What is Organized Crime?
- I’ve Lost My Driver’s License: What Should I Do?
- Misdemeanor Charges: Types, Classes, and Penalties
- A Complete Guide On Catfishing
- Vanity Phone Numbers: A Complete Guide
- What Happens When You Get Arrested
- Guide to Find Information About a Person Online
- How To Find And Claim Unclaimed Money
- What Happens if You Violate Probation
- Guide on How to Remove a Mugshot from the Internet
- How to Stay Safe on Public WiFi
- How to Deal with an Outstanding Warrant
- Different Types of Car Insurance
- What Is Cyptojacking?
- What Is Email Security?
- What Is the Deep Web and What Can Be Found There?
- What Happens When You Declare Bankruptcy
- How Divorce Settlements are Calculated
- What are Common Methods of Social Engineering
- What is the Difference Between a General Lien and a Specific Lien?
- How to Detect Odometer Rollback
- Different Types of Probation
- Finding forgotten life insurance policies
- What is Bearer Bond and Why the US Banned it
- Everything you need to know about small claims court
- Moral Turpitude: Definition, Examples, and Much More!
- Misdemeanor vs Felony
- How To Read VIN Number
- How to Find Out Who Hacked Your Cell Phone
- How Long Does a Misdemeanor Stay On Your Criminal Record?
- The Paypal Phishing Scam You Should Care to Avoid
- License Plates Types: USA Guide
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases: Best Practices For Police Officers and Investigators
- Court Order: Definition, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Reasons for Public Records Request
- What is Antitrust Law?
- Virginia Gun Confiscation Law
- Ways to Know Who Owns a House
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Find Out If Someone Is in Jail?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up Immigration Inmates?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Facial Recognition Technology and Legal Restrictions
- What Shows up in a Background Report
- What is Repossession of a Car?
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- What are Business Competition Laws?
- What is a Hate Crime?
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- How to Get a Driver's License in the US
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What to Do in a Car Accident?
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner's Insurance Coverage & Common Claims
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Making Your DMV Experience Fast And Easy
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
How to Safeguard Yourself and Deal with Marriage Debt
Trends in marriage are changing: people wait longer to wed, and fewer are marrying at all. Where once couples immediately joined their assets and accounts, older couples and unwed couples are less likely to do so. Still, it’s possible to be held accountable for your spouse’s debt.
The average American owes about $7,300 in credit card debt. While that doesn’t sound like a lot, a marriage can compound expenses, such as finding a bigger place to live, moving to accommodate one spouse’s career, and having children. These normal expenses can make it more difficult to pay off the original debt, which then accrues interest (as well as potential penalties) and grows if it isn’t paid off.
Marriage debt is funds owed on credit cards, bank loans, car loans, mortgages, and similar financial instruments. Spouses don’t always automatically become legally responsible for their partner’s debt, particularly if it was incurred in the partner’s name prior to marriage. But there are exceptions.
Similarly, if one spouse files for bankruptcy, it should not negatively impact the other’s credit report, but shared debt will not be wiped out for the spouse who did not declare bankruptcy.
What is Spousal Debt Responsibility?
Spousal debt responsibility is when you share the obligation to pay debts, even when you were not directly involved in acquiring the debt. These debts can include:
- Student loans.
- Mortgages.
- Personal loans.
- Credit card debt.
- Car loans.
- Civil judgments.
Some states consider debt accrued after marriage to be shared regardless of whether both spouses cosigned the account that carries the debt. These are called community property states, which are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
How Can I Deal With My Spouse's Debt?
Disagreements over finances are believed to be the leading cause of divorce. Before getting married, it’s appropriate to learn about your partner’s financial situation. Look up your future spouse’s name in bankruptcy records. Rather than asking casually about your partner’s finances, consider sharing credit reports. This will allow you to see all of the recent past and current financial obligations that may affect your relationship.
If you’re asking, “Am I responsible for my spouse’s debt?” You may want to seek advice from a professional financial adviser or attorney before proceeding with the ceremony. A prenuptial agreement may be the first step in protecting your credit from liability for debt accrued by your spouse.
“Am I responsible for my spouse’s debt after death?” is a different question. If you were a joint account holder for a credit card with a high balance, the answer is yes, you are still responsible for it. If your spouse had their own student loan debt or credit card debt that you were not a party to, then you are not responsible for paying it. Upon death, the executor of the estate is generally directed to pay off debts using estate funds. That means your spouse’s debt may be reduced by the distribution or sale of their assets (bank accounts, investment accounts), which may clear your responsibility to pay.
In divorce situations, individuals are often required to continue paying off a spouse’s debt if their name is associated with the account, even if the debt was hidden from them during the marriage. Likewise, a judge can order a spouse whose income is significantly higher to take on paying a larger portion of the debt (commensurate with income) until the obligation is paid.
How to Minimize Your Debt Obligations
Some debt is beneficial to your credit score. This activity, as long as it’s paid promptly, helps you qualify for future loans such as a mortgage. Other debt, such as long-term credit card debt that is not paid on time or considered out of proportion to your income, can damage your credit score, making you less likely to qualify for loans.
Keeping debt in check is not always possible, as life events may require you to travel unexpectedly, to pay for a funeral, or to cover unforeseen medical expenses. It’s best if you’re able to shop for the best rates and terms before incurring debt. Those with good credit scores should be able to get low-interest rates on credit cards or to qualify for no-interest charges for a period of time.
Nonessential debt, such as new home furnishings or trading up a leased car for the newest model, should be avoided if it exceeds one-third of your income. This is the threshold that can trip loan denials and damage your credit score.
Setting a ceiling of no more than 30 percent debt-to-income ratio and sticking to it can minimize your debt obligations. This includes any debt assumed as part of a marriage.
If your debt is overwhelming and it’s growing out of control, you may consider bankruptcy to discharge the consumer debt and start fresh. Federal law says that certain types of debt are not discharged by bankruptcy, including alimony, child support, and student loans. Bankruptcy remains on your credit score for at least seven years, a marker that usually blocks individuals from qualifying for loans or credit cards during that period. There are different types of bankruptcy for various personal and business situations.
If your spouse declares bankruptcy, it may discharge the debt they accrued before your marriage but will not absolve you from obligations to pay your portion of any shared debt.
How to Protect Yourself from Spousal Debt Liability?
There are a couple of ways to protect from spousal debt liability, such as:
- A prenuptial agreement, witnessed and notarized as required by state law, can keep your debt and your spouse’s debt separate. This way, the husband or wife pays debt out of their own earnings, and neither assumes responsibility for the other’s finances.
- Do not cosign credit card or loan applications, which automatically makes you responsible for any debt your spouse assumes, even if your spouse is the only one who uses the credit card.
- Underscore the separation of finances by maintaining separate accounts. Perhaps only one household maintenance account, which you both contribute equally to each month, is enough comingling of assets. As many as a quarter of married couples keep separate accounts, according to the US Census Bureau.
Don’t Get Stuck Paying Off Someone Else’s Debt
Know how to keep your bills separated from those of your spouse, just in anything ever happens. By keeping things separate to start, it is easy to maintain should your marriage ever fall into disarray.