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The Daily Insight Hub

Who is held financially responsible in a marriage?

Author

Emma Miller

Updated on January 22, 2026

Most states follow the same rules derived from common law for determining when one spouse may be liable for the debts of the other. Generally, one is only liable for their spouse’s debts if the obligation is in both names. This is true both if one is a joint account holder or just a co-signer.

Should you marry someone with a lot of debt?

When deciding whether to pop the question ― or agree to a proposal ― it’s important to consider how debt can alter the relationship. From a legal standpoint, bringing debt into a marriage doesn’t mean the other spouse becomes liable for it. That remains the responsibility of the person who accumulated it.

What happens if I marry someone with a lot of debt?

In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse who incurred them. The exception are those debts that are in the spouse’s name only but benefit both partners.

Can a spouse still pay back child support?

However, you may find you are still facing financial consequences due to your spouse’s back child support obligation. “Back child support” refers to child support previously ordered by the court but not paid by the responsible party.

Who is responsible for a spouse’s debt after marriage?

In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse that incurred them. The exception is those debts that are in the spouse’s name only, but benefit both partners.

Who is responsible for child support after divorce?

The custodial parent is the one who has sole physical custody of the child from a previous marriage or the one with whom the child resides for a majority of the time. This is the person who would receive the monthly support check and is largely responsible for the child’s day-to-day care.

What happens to child support if a custodial parent remarries?

At its heart, the law directs that the child’s birth parents are responsible for the child’s support and no one else. Therefore, in most states, the courts will not reduce an obligor’s child support payments due to a custodial parent’s decision to remarry.