Divorce Q&A

How is debt incurred during the marriage separated or allocated during a divorce? For example, if credit cards are in only one spouse's name, are such credit card debts incurred during the marriage also the responsibility of the other spouse?

Liabilities (debt) during the marriage must be considered from two perspectives: a) within the marriage between husband and wife and b) outside the marriage between the creditor and debtor.
Between spouses, debt incurred during the marriage, like property acquired is subject to division by equitable principles such as who has the means and ability to pay the debt and for whose benefit the debt was incurred.
The other relationship between the creditor and debtor— is not affected by the terms of the divorce decree or by any agreement between the spouses as to the division of the debt. If your name is listed on the debt, then you will continue to be liable from your creditor's perspective, regardless of how your divorce decree or agreement allots responsibility.

You may possibly still be responsible.
With respect to obligations where you are the sole or joint debtor, such as jointly held utility bills, abandoning the marital home will not terminate or otherwise affect your liability to debtors.
Between you and your spouse, until your marriage is legally ended, debts incurred by either of you are subject to apportionment along equitable principles.

While it may seem unfair, it is possible to have your property become subject to your spouse's pre-marital debts.
In general, you are not liable for your spouse's pre-marital debts, unless you have agreed to assume the obligation.
However, if you and your spouse jointly own property, then you may be indirectly liable for your spouse's pre-marital debt.