What happens if your ex stops paying a joint debt?
Summarized and contextualized by DistantNews.
At a glance
- Divorce agreements do not alter loan contracts, leaving ex-spouses potentially liable for joint debts if the other party stops paying.
- Lenders can pursue either borrower for the full amount owed on joint accounts, regardless of divorce decrees.
- High household debt, borrowing costs, and inflation make managing payments difficult, increasing the risk of missed payments after divorce.
Divorce may finalize financial separation in court, but it doesn't always erase joint debt obligations. If an ex-spouse stops paying a shared loan, such as a credit card or auto loan, the other party can still be held legally responsible for the entire amount owed.
Lenders are not bound by divorce decrees. Their contracts are with the individuals who signed the loan. This means if one ex-partner defaults, the lender can demand full payment from the other, even if the divorce agreement stipulated the defaulting party would handle the payments. This situation is particularly concerning given the current economic climate, with record high household debt, elevated borrowing costs, and persistent inflation.
While a divorce court order may clearly spell out who is responsible for which bills, lenders don't always view those obligations the same way, particularly if the debt is tied to a joint account.
These financial pressures can make previously manageable payments difficult to sustain. A missed payment by an ex-spouse can quickly escalate into a significant problem, impacting credit scores and leading to further collection actions. Understanding this potential liability before a missed payment occurs is crucial for individuals navigating post-divorce finances.
From the lender's perspective, anyone who signed the original loan contract remains responsible until the debt is either paid off, refinanced or otherwise resolved.
Originally published by CBS News. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.