Am I liable for my spouse's debts? Answer: Check your state laws to determine what liability you may have; it varies from state to state. And, if you are getting divorced, retain a good lawyer who will pay particular attention to joint assets and debt and how to apportion them before the divorce is final. That could save you wrecked credit through no fault of your own, and years of problems. The general rule is that spouses are not responsible for each other's debts, but there are exceptions. Many states will hold both spouses responsible for a debt incurred by one spouse if the debt constituted a family expense (e.g., child care or groceries). In addition, community property states will hold one spouse responsible for the other's debts because both spouses have equal rights to each other's income. Also, you are both responsible for any debt that you have in both names (e.g., mortgage, home equity loan, credit card).