What Happens to Debt in a Divorce in Washington? 

Going through a divorce is emotionally exhausting enough without having to worry about who’s going to pay the credit card bills. But here’s the reality: when your marriage ends, it’s not just your relationship that gets divided—your finances do too. 

If you’re facing divorce in Washington State, you’re probably wondering what happens to all that debt you and your spouse accumulated together. Will you be stuck paying for their shopping sprees? What about the car loan that’s only in their name? Let’s break this down in plain English. 

Washington Doesn’t Care Whose Name Is on the Bill 

Here’s something that surprises a lot of people: Washington is what’s called a community property state. This means that in the eyes of the law, most of the debt you racked up during your marriage belongs to both of you—regardless of whose signature is on the paperwork. 

Think about it this way: if your spouse took out a credit card to buy groceries for the family, pay for your kid’s school supplies, or cover household expenses, that debt was benefiting your shared life together. Even if your name isn’t anywhere on that account, Washington law says you both own that debt. 

This applies to pretty much everything: 

• Credit card balances (yes, even the ones with just their name) 

• Personal loans 

• Car payments 

• The mortgage on your home 

• Medical bills 

• Those tax bills you’ve been putting off 

The only real exception? Debt that one of you brought into the marriage, or debt that was clearly for one person’s benefit alone. 

So How Do Judges Actually Split Things Up? 

When you get to court, the judge isn’t just going to cut everything down the middle with a calculator. They’re looking at the bigger picture of what’s fair for your specific situation. 

They’ll consider questions like: 

• What was this debt actually for? Was it family groceries or someone’s personal gambling habit? 

• How much does each of you earn, and what’s your potential to earn more in the future? 

• Is one of you getting the house while the other gets more debt? 

• Did you sign a prenup that addresses this stuff? 

For example, let’s say your spouse took out a $15,000 loan to start a side business that never made any money and didn’t benefit your family. A judge might decide that’s their problem, not yours. 

The Tricky Reality of Student Loans 

Student loans are where things get really complicated. If you came into the marriage with student debt, that’s typically going to stay your burden. But if you or your spouse went back to school during the marriage? That’s murkier territory. 

Let’s say your spouse got their MBA while you were married, using family money to help pay for it, and now they’re earning twice what they used to. A judge might decide you should share in that debt because you both invested in their education and you both benefited from their increased earning power. 

Can You Just Work This Out Yourselves? 

Many couples sit down (with or without lawyers) and hammer out their own agreement about who pays for what. If it’s reasonable and legal, the court will usually rubber-stamp it. 

But here’s the catch that trips up a lot of people: your divorce decree doesn’t magically erase your obligations to creditors. If your name is on a joint credit card and your ex-spouse agrees to pay it in the divorce, that’s great—but if they don’t pay, the credit card company can still come after you. Your divorce papers won’t stop them. 

How to Protect Your Financial Future 

This is where you need to be proactive, not reactive: 

Take action early. If you have joint accounts with your ex, it’s wise to address them as soon as possible. Waiting until everything is finalized can lead to unexpected expenses or added debt in your name. 

Talk about removing names from shared loans. This could mean refinancing a mortgage or car loan so it’s only in one person’s name. It’s not always easy—but it can offer clarity and peace of mind down the road. 

Keep detailed records. Make note of who’s paying which bills, when payments are made, and the amounts. Having a clear paper trail can be incredibly helpful if questions or conflicts come up later. 

Lean on support. Divorce can get complicated, especially when finances are involved. Having knowledgeable guidance—whether through professionals or trusted resources—can make a lasting difference in your future stability. 

Why You Need Someone in Your Corner 

Look, we get it. You’re already paying for a divorce, and now we’re telling you to hire a lawyer to deal with debt too. But think about it this way: a mistake in how your debt gets divided could cost you thousands of dollars and years of financial stress. 

At Gravis Law, we’ve helped countless Washington families work through these exact situations. We know which debts you can negotiate, which ones you’re stuck with, and how to structure agreements that actually protect you down the road. 

Check out our Washington offices here: 

• Dayton 

• Kennewick 

• Olympia 

• Richland 

• Seattle 

• Spokane 

• Tacoma 

We’re not just here to shuffle paperwork—we’re here to make sure you can move forward with confidence, knowing your financial future is secure. 

Ready to get clarity on your debt situation? Contact Gravis Law today to schedule a consultation. Let’s create a plan that works for your real life, not just what looks good on paper.