Will I Have to Pay My Spouse’s Debts in a Divorce?

 Posted on August 11, 2025 in Asset & Debt Division

During a marriage, spouses pool their resources together for their mutual benefit. They may also end up taking on debt, which will have to be addressed in the event of a divorce. If you are concerned about potentially sharing your spouse’s marital debts, a Fort Worth, TX divorce attorney can work to help address your concerns.

Determining who is responsible for any given debt in a divorce can be complicated. At the The Law Office of J. Kevin Clark P.C., we can help you get a better sense of what you may have to pay for. Moreover, we can argue for a divorce settlement or verdict that does not leave you buried in marital debt.

Texas’ Community Property Laws Can Affect Debt Division

Texas is a community property state, which means that any property you acquire during the marriage can be considered a marital asset. This also applies to debts, so you could very likely be held liable for a debt that was incurred during your marriage.

The state’s community property laws maintain that any assets or debts that either spouse acquires during the marriage are presumed to belong to both spouses and should be divided in a way that is just and right. Note that this does not mean that your debts will be split cleanly down the middle. Instead, a judge will consider multiple factors, such as both parties’ income, education, and how the debt was accrued.

Which Marital Debts Will I Be Responsible For?

Depending on how long your marriage lasted, you and your spouse may have taken on many different debts. Common examples of marital debt include:

• Mortgages

• Car payments

• Credit card bills

• Other personal loans

Debt that is borrowed during the marriage is presumed to be community debt, even if only one spouse signed the paperwork. That presumption can be rebutted if the debt clearly relates to one spouse’s separate property or was acquired before marriage, but the burden of proof is on the spouse claiming the debt is not theirs. The standard for this proof is "clear and convincing evidence," which is a fairly high bar. We can help you put together a case that meets that bar.

How Can I Avoid Taking on Marital Debt in My Divorce Decree?

Although you may be able to avoid taking on marital debt through negotiation, you may end up paying for it in other ways. Since the courts prioritize fairness in asset division, you may have to compensate your spouse with a greater share of marital assets in exchange for less debt.

Many couples use prenuptial or postnuptial agreements to avoid taking responsibility for each other’s debts. A judge will typically honor these agreements except for rare exceptions. At The Law Office of J. Kevin Clark P.C., we can help you develop a strategy to help you minimize your share of marital debts.

Contact a Fort Worth, TX Family Law Attorney

If you and your spouse have gotten into debt during your marriage, it is likely that you will be at least partly responsible for paying them off. At The Law Office of J. Kevin Clark P.C., we know what is at stake for you in the process of debt division. Our Fort Worth, TX divorce lawyers will strive to protect your rights through strong advocacy and shrewd negotiation. Call us at 817-348-6723 to set up a free consultation.