Creditors Threaten You for an Ex-Spouse’s Debt: What You Need to Know and How to Protect Yourself

Divorce is rarely simple. Even after the legal paperwork is finalized and the emotional dust settles, financial complications can linger—especially when creditors come knocking for a debt you thought wasn’t yours. If you’re being harassed about an ex-spouse’s unpaid credit card bill, medical expense, loan, or other debt, you may feel confused, angry, or powerless.

But here’s the good news: you are not automatically responsible for your ex’s debts—even if collection agencies claim otherwise. You have rights, and with the right steps, you can stop the calls, clarify your obligations, and protect your credit and peace of mind.

This guide explains when you're responsible for a former spouse’s debt, what to do if you're being contacted, and how to assert your legal protections effectively.

Step 1: Understand Who Owes What After Divorce

When a marriage ends, property and debts are typically divided through a divorce decree or settlement agreement, which may state:

• Which debts are the responsibility of which spouse
• Who keeps jointly held accounts or property
• Whether either party is obligated to pay spousal support or take over certain payments

But here’s a key distinction: your divorce agreement is between you and your ex—not between you and your creditors.

This means:

• If you and your ex had joint accounts (e.g., credit cards, loans, mortgages), you may still be legally liable for those debts in the eyes of the lender—even if your divorce decree says your ex must pay them.
• If the debt was in your ex’s name only, and you never co-signed or shared ownership, you are generally not responsible for it.
• If the debt was incurred during the marriage, your liability may depend on whether you live in a community property state.

Step 2: Know the Rules in Community Property vs. Common Law States

In the U.S., the way marital debts are handled depends in part on whether your state follows community property law or common law (equitable distribution).

• Community property states include: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. (Alaska is optional.)
  In these states, both spouses may be responsible for debts incurred during the marriage, even if the debt is in only one name.
• Common law states (all others) generally assign debt based on whose name is on the account or who signed the contract.

So, if your ex took out a loan during the marriage in a community property state, a creditor might try to collect from you even after divorce. But in most common law states, you’re only liable if you co-signed or are otherwise legally connected to the debt.

Step 3: Review Your Divorce Decree

Your divorce settlement outlines how marital debts were divided. If it says your ex is responsible for a specific debt, that agreement should hold—between you and your ex.

However, creditors aren’t bound by your divorce terms. They may still contact you if:

• You were a joint account holder or co-signer
• The account was opened in your name
• The debt was assigned to you by the court, and it remains unpaid
• The account was never properly closed or refinanced

If your ex isn’t paying a debt they were assigned, you may need to return to family court to enforce the agreement. The court can order your ex to reimburse you, hold them in contempt, or garnish their wages in some cases.

Step 4: Gather Documentation

Before contacting the creditor or taking legal steps, gather all relevant documents:

• Your divorce decree or settlement agreement
• Loan or credit card statements showing whose name is on the account
• Copies of communication with creditors or collection agencies
• Credit reports showing the debt and any derogatory marks
• Proof of payment history, if you made any payments on the debt

This documentation will help determine your liability and support your case in disputes.

Step 5: Respond to Collection Attempts Strategically

If a debt collector contacts you about your ex’s debt, don’t panic—and don’t admit responsibility unless you’re sure you’re liable. Ask for:

• Written verification of the debt (this is your right under the Fair Debt Collection Practices Act)
• The original account details (whose name is on the account, when it was opened, the balance)
• Contact information for the original creditor

Once you receive verification, you can decide whether to dispute the debt, request they stop contacting you, or take legal steps to enforce your divorce agreement.

Step 6: Dispute the Debt (If You’re Not Responsible)

If you believe the debt doesn’t belong to you, you can dispute it in writing. Include:

• A clear statement that you are not liable for the debt
• Supporting documentation (e.g., proof you are not an account holder)
• A request to remove your name from collection efforts or your credit report

Send your dispute via certified mail and keep a copy for your records. Debt collectors must pause collection activity while they investigate your dispute.

Step 7: Protect Your Credit

If a debt you don’t owe is appearing on your credit report—or if your ex’s unpaid debt is hurting your score—it’s critical to take action quickly.

Steps to protect your credit:

• Request your free credit report at AnnualCreditReport.com
• Look for any joint accounts or derogatory marks caused by your ex’s debts
• Dispute errors with the credit bureaus (Experian, Equifax, TransUnion)
• Consider placing a fraud alert or credit freeze if you suspect identity misuse
• Close or remove yourself from any joint accounts that are no longer needed

Step 8: Consider Legal Action (If Necessary)

If a creditor is unfairly pursuing you, or your ex is violating the divorce agreement by refusing to pay a debt assigned to them, it may be time to seek legal help. Legal remedies include:

• Filing a motion for contempt in family court against your ex
• Requesting a reimbursement judgment
• Seeking a court order to garnish wages or tax refunds
• Filing a complaint under the Fair Debt Collection Practices Act (FDCPA) if a collector is acting illegally

Final Thoughts

You shouldn't be held financially hostage by your ex’s mistakes or obligations—especially after a divorce. If you’re being threatened or harassed about a debt that’s not legally yours, it’s time to take action.

By understanding your rights, reviewing your divorce decree, gathering documentation, and responding strategically, you can stop the harassment, protect your credit, and hold the right person accountable. Divorce is hard enough. Don’t let someone else’s debt burden your financial future.

Don’t Be Afraid To Get Help

If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.