How Can I Protect Myself From My Spouse’s Debt in a Texas Divorce?

 Posted on May 23, 2025 in Divorce

Understanding how the allocation of debt works in a Texas divorce is essential to protecting your financial future. Debt can come in many forms, and the types require different approaches. Considering that divorce is already a highly emotional process, adding heavy financial concerns only causes undue stress. Work with a San Antonio, TX divorce lawyer to learn more about how debt is allocated under state law and what you can do to optimize your chances of avoiding a heavy debt burden.

What Does Texas Law Say About Dividing Debt in a Divorce?

The chapter entitled Marital Property Rights and Liabilities from the Texas Family Code addresses the distribution of assets and debts characterized as community property. Community debt refers to debts incurred during the marriage. The law presumes those debts are shared, and it does not matter if your name is not affiliated with the account. On the other hand, some debts can be characterized as separate liabilities, making them the sole responsibility of the spouse who owns them.

What Types of Debt Are Addressed in a Texas Divorce?

The types of debt commonly addressed in a Texas divorce are credit cards, mortgages, car loans, and student loans. Jointly owned credit card debt is typically divided equally between spouses, while debt incurred entirely by one person could be assigned to the spouse who is responsible. Student loans are often considered separate debt, but categorizing them can become more complicated if the education financially benefited both spouses and the household. Mortgage loans usually go to the spouse keeping the home, and vehicle loans will follow the spouse who retains the vehicle in most cases. 

How Can You Avoid Taking On Too Much of Your Spouse's Debt in a Divorce?

Being proactive is the best way to minimize your risk of taking on your spouse’s debt during divorce. Some steps you can take include:

• Keep your financial records: Collect financial documents detailing the assets and debts obtained during the divorce. This includes credit card and bank statements, tax returns, loan contracts, and more.

• Separate finances whenever possible: Avoid joint bank accounts and keep finances separate. Before divorce proceedings begin, let creditors know about the divorce so they can prevent any substantial additions to your shared accounts.

• Talk to a financial expert: A forensic accountant or advisor can help uncover hidden debt and determine how to classify debts as separate.

• Pay attention to your credit score: Check your credit report for discrepancies or unauthorized accounts. This will allow you to address potential problems as soon as they happen and avoid unwelcome surprises. 

If you have questions about strategies for protecting yourself from debt in divorce, a knowledgeable attorney can help you understand your rights.

Speak With a San Antonio, TX Divorce Attorney Today

As you approach the decision to divorce, you will have many questions about how the process will look for you. A Bexar County, TX divorce lawyer at Brandon Wong & Associates can help you understand how debt and asset division will unfold in your case and help you navigate the complex laws that apply to divorce. Call 210-201-3832 to learn more and schedule your initial consultation today.