Who Pays the Debts Incurred During the Marriage?
A. This web site requires that the parties agree which of them should pay each of their joint debts. Even so, your agreement (and even the decree of the court) are binding only between you and your spouse. Creditors are not required to honor the apportionment of joint debts in the Decree of Divorce or agreement. Thus, if the spouse who is supposed to pay fails to do so, the creditors may seek payment from the other spouse. Then he or she has to try to collect the money from the one who was supposed to pay. Even so, you should write to each of the creditors and put them on notice as to your divorce and which party is now responsible for debt.
