Short answer: a divorce changes the relationship between spouses, but it does not automatically change either spouse's relationship with creditors (CFPB). Joint debts stay joint until the creditor releases you or the loan is refinanced without your name. Before you borrow for legal costs, check what free or low-cost legal help you can get, and see what a loan would cost in total.
Joint debts stay joint
The CFPB says a divorce decree or property settlement may assign debts to one spouse, but a creditor can still collect from anyone whose name is on the loan as a borrower. You are generally responsible unless the creditor released you or your former spouse refinanced the loan and removed your name. Taking your name off a home or car title does not take it off the loan, and sending creditors a copy of the decree does not end your responsibility (CFPB).
- Joint credit card: each holder is responsible for the full balance. You may have to close the account to stop being responsible for new charges, and each holder still owes the balance at closing (CFPB).
- Authorized user only: you are generally not responsible for the amount owed on your former spouse's card (CFPB).
- Joint loans: the joint loan vs cosigner guide explains who owes what.
Your own accounts after a divorce
On an open-end account in your own name, such as a credit card, a creditor generally may not require you to reapply, change the terms or close the account just because your marital status changed, unless there is evidence you cannot or will not repay. One exception: it may ask you to reapply if the credit was based partly on your spouse's income and your own income may not support the credit line (12 CFR 1002.7(c)).
Separating accounts and protecting your credit
- Call each card company about joint accounts and ask what your options are (CFPB).
- Check your credit reports so you know every account with your name on it; see the credit report guide.
- To stop new accounts being opened in your name, see the credit freeze guide.
Legal aid and fee options
The Legal Services Corporation funds nonprofit legal aid organizations for low-income Americans in every state, and its site has a search to find one near you (LSC). Ask the court clerk whether a fee waiver is available, and ask any lawyer how fees are billed and whether a payment plan is possible before you borrow.
Example: what a $5,000 loan costs
This example borrows $5,000 at 11.90% APR, the Federal Reserve's August 2026 average for 24-month personal loans (G.19). Your rate may differ.
| Term | Monthly payment | Interest | Total paid |
|---|---|---|---|
| 24 months | $235.13 | $643.12 | $5,643.12 |
| 36 months | $165.83 | $969.88 | $5,969.88 |
$5,000 + $643.12 = $5,643.12, and $5,000 + $969.88 = $5,969.88. If the loan is in your name alone, you alone owe it after the divorce. The payment formula guide shows how the payments are worked out.
Questions to ask
- Which of our debts are joint, and has any creditor agreed to release me?
- Can I get free legal aid or a court fee waiver before I borrow?
- For a loan: what is the APR, is there an origination fee, and what is the total of payments?
This guide explains federal rules in general terms. It is not legal advice and does not cover state divorce or property law; ask a lawyer or legal aid office about your case.
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Sources
- CFPB: Can a debt collector contact me about a debt after a divorce?
- CFPB: Am I responsible for charges on a joint credit card account if I didn't make them?
- Regulation B, 12 CFR 1002.7(c): action concerning existing open-end accounts
- Legal Services Corporation: Find legal aid
- Federal Reserve: G.19 Consumer Credit (released October 7, 2026), terms of credit, August 2026: credit card plans and 24-month personal loans
Disclosure: Modern Lending Solutions is not a lender, loan broker or agent for any lender or loan broker, and does not make credit decisions. Any compensation we receive is paid by participating lenders, only for advertising services. This guide is general information, not financial or legal advice.