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You divorced three years ago. According to the decree, your former spouse would pay the Capital One credit card you both routinely used for groceries and gas. Last month, you remarried, and no sooner do you get back from your honeymoon when a debt collector calls: they want the $8,000 balance owing on the same Capital One card because your ex never paid. You immediately panic, thinking, “Who is responsible for credit card debt in divorce? Can they take my paycheck? Or my new spouse’s?”
In Washington, RCW 26.09.080 directs family courts to divide marital property and liabilities in a “just and equitable” way. When a judge signs your Final Divorce Order and says your ex pays the credit card bill, that’s an order between you and your former spouse. It doesn’t affect the creditor’s right to collect from anyone who is legally obligated on the account.
When you remarry, RCW 26.16.200 states that your new spouse isn’t personally liable for debts you brought into the marriage. But Washington law allows creditors to pursue your own earnings and accumulations, even after you say “I do” again. In this blog, we’ll review how Washington courts divide debt in divorce, what creditors can actually do afterward, and how remarriage can change the financial picture.
Understanding Marital Debt in a Washington Divorce
Washington is one of the community property states. That means debts and assets acquired during marriage are generally presumed to belong equally to both spouses while you’re married. But when you divorce, the court doesn’t automatically split everything 50/50. Instead, Washington statute directs family courts to divide both marital property and liabilities in a way that appears just and equitable. That language gives judges discretion to divide things unequally if the circumstances call for it.
Generally speaking, courts look at factors like the following:
- What you accumulated together and what you owe together.
- What each spouse owned or owed before marriage or acquired separately.
- Length of the marriage. A two-year marriage gets different treatment than a twenty-year union.
- Each spouse’s economic circumstances going forward. This includes earning capacity, job prospects, age, health, and financial needs after the split.
If one spouse earns $120,000 and the other earns $40,000, the higher earner may be assigned more debt because they have greater ability to pay. If you keep the family home, you’ll likely be assigned the mortgage. If your ex keeps the Tesla, they’ll probably get the auto loan.
The court tries to balance the scales so neither party walks away unfairly burdened. But what’s fair for your situation will largely depend on your finances, history, and what the judge concludes after reviewing everything.
What Happens to That Debt After Divorce?
Not all debts are handled the same way in divorce. The type of debt, when it was incurred, and who signed for it all influence how the court allocates responsibility. Here’s how Washington courts typically approach the debts that show up most in divorce cases.
Credit Card Debt
If you opened a credit card while married and used it for household expenses like groceries, utilities, and kids’ clothes, the court will likely treat that as community debt when dividing liabilities. But here’s where it gets tricky: allocation in the divorce decree doesn’t change who the creditor can chase.
Example: You have a Chase credit card in your name only. You used it for family groceries during the marriage. The decree says your ex pays it. Your ex stops paying. Chase can still come after you for this credit card debt because your name is on the account.
Mortgages and Auto Loans
If both of you signed the mortgage or the car loan, both of you remain liable to the lender until the loan is refinanced or paid off. The divorce decree can assign the debt to one spouse, but that assignment doesn’t release the other spouse from the contract.
Example: The divorce decree awards you the family home and assigns you the mortgage. Your ex’s name is still on the note. If you miss payments, the lender can pursue your ex. He or she would then have grounds to enforce the decree against you, but they’re still exposed to the creditor in the meantime. Refinancing in your name alone is the cleanest way to cut that tie, provided you qualify.
Medical Debt
Medical bills incurred during marriage for either spouse or the kids typically get treated as community debt. If the bill came from an emergency room visit while you were married and living together, the court will likely allocate it as part of the overall debt division.
Student Loans
Courts usually look at who benefited and when the debt was incurred. If you took out student loans before marriage, those usually stay separate and assigned to you. If you borrowed during marriage for a degree that boosted the family’s income, the court may treat part or all of that debt as community and divide it accordingly.
IRS/Tax Debt
Tax debt can have separate federal collection rules that override Washington state family court orders. If you filed jointly and owe the IRS, both spouses can be liable regardless of what the divorce decree says. There are federal relief options (innocent spouse relief, separation of liability relief), but you have to confirm that you qualify first.
The Big Misconception: “The Divorce Decree Removed My Liability”
This is the single biggest source of confusion after divorce. People assume that once the judge signs the decree and assigns a debt to their ex, they’re off the hook. They’re not.
What the Divorce Decree CAN Do
The decree assigns payment responsibility between you and your ex. It says who must pay what. It can also include hold-harmless or indemnity language, which means if you’re forced to pay a debt that was assigned to your ex, you can go back to family court and seek reimbursement or enforcement.
What the Decree Usually CAN’T Do
The decree can’t bind third-party creditors who weren’t part of your divorce case. The bank, credit card company, and auto loan lender didn’t agree to release you from the contract just because a family court judge said your ex should pay.
So what does this look like in practice? Let’s imagine that Alex and Jordan have divorced, and the decree says Alex pays the joint Visa card. Six months later, Alex stops paying. Visa looks at the account and sees Jordan’s name is still on it, so it pursues him. Jordan pays $5,000 to avoid collections, a lawsuit, and credit damage, but he can return to family court to seek enforcement of the decree, including reimbursement or contempt remedies.
After Divorce: What Happens if an Ex Doesn’t Pay?
When your ex ignores the decree and stops paying a debt they were assigned, any late payments and defaults show up on the credit report of whoever is contractually liable. If your name is on the account, your credit score takes the hit, even if the decree says your ex should be paying. If this happens to you, your options include:
- Motion for Enforcement in Family Court: You can file a motion asking the court to enforce the decree. Depending on the situation, the judge may hold your ex in contempt or order reimbursement, depending on the circumstances. This takes time, and outcomes vary.
- Seek Reimbursement: If you pay a debt the decree assigned to your ex to protect your credit or stop a lawsuit, you can pursue reimbursement through the family court. You’ll need documentation showing what you paid and proof that the decree assigned that debt to your ex.
If your ex files bankruptcy, their personal liability on the debt may be discharged. But that discharge doesn’t erase the creditor’s right to pursue you if you’re also liable on the account. Your right to reimbursement from your ex under the divorce decree may also be affected by the bankruptcy, depending on how the debt is categorized in the bankruptcy case.
Remarrying With Debt: What You Need to Know
As we explained at the beginning, Washington law confirms that neither spouse is liable for the other’s premarital debts. For example, if you brought $15,000 in credit card debt from your first marriage into your second marriage, your new spouse isn’t automatically on the hook for that $15,000.
But Can a Creditor Reach Anything During the New Marriage?
Yes. Washington law allows creditors to pursue the earnings and accumulations of the spouse who incurred the premarital debt, even after remarriage, subject to applicable collection laws and exemptions. Your new spouse’s income and separate property are generally protected, but your own earnings are fair game.
How New Joint Finances Can Create New Risk
If you and your new spouse open a joint checking account, joint credit card, or co-sign a loan together, your new spouse becomes directly obligated on that new account. If a creditor obtains a judgment and levies a joint bank account, the funds in that account may be temporarily frozen, and the non-debtor spouse may need to assert their interest in the funds.
What’s more, if you mix your paychecks, savings, and debt payments in shared accounts, it becomes harder to trace what’s protected and what’s exposed. It’s important to understand these issues when deciding how to structure finances in a second marriage.
Protecting Your Finances in a Second Marriage
Once you remarry, ongoing vigilance like credit monitoring protects both you and your new partner from unpleasant surprises. Pull your credit report every four months using the free reports available from each bureau, and check for new collections, late payments, or accounts you didn’t open. If an old debt from your first marriage suddenly appears in collections, you’ll know immediately, instead of finding out when a creditor garnishes your wages.
You should also talk openly with your new spouse about what you’re monitoring and why. If a creditor contacts you, share that information right away. Transparency prevents panic and allows you both to make the best decision about how to respond.
How a Family Law Attorney Can Help You Prepare
If you have questions or concerns, a Washington family law attorney can review your divorce decree line by line and identify which debts were assigned to you, which were assigned to your ex, and what enforcement language exists if your ex stops paying. This review tells you exactly where you stand before you remarry.
If you’re still contractually liable on accounts your ex was supposed to pay, an attorney can explain your options: refinancing to remove your name, seeking enforcement through contempt proceedings, or negotiating a modification if circumstances have changed since the divorce.
Before you remarry, an attorney can help you draft a prenuptial agreement that clarifies how you’ll handle income, debt payments, and account structures during the new marriage. While a prenup doesn’t stop third-party creditors from pursuing you, it does set expectations between you and your new spouse about financial boundaries and responsibilities. If you’ve already married, a postnuptial agreement can establish the same guidelines.
If old debts resurface after remarriage, an attorney can assess whether creditors are following Washington’s rules about what they can and can’t reach. If your ex violated the decree by not paying assigned debts, your attorney can file enforcement motions and pursue reimbursement for payments you’ve had to make.
Questions? Speak to a Seattle Divorce Lawyer Today
If you’re divorced, remarried, or planning to remarry while carrying debt from your first union, ZafiroLaw can help. We focus exclusively on family law and immigration law in King and Snohomish Counties, and understand how divorce debt issues can impact your financial future, especially when you’re starting over. To get started, call our family law firm today or schedule a case evaluation online.
