Dividing Debts in a Washington Divorce

When a marriage ends, questions about property division often take center stage — but the division of debt is just as critical. In Washington, an equitable dissolution requires that both assets and liabilities be properly classified and distributed under RCW 26.09.080, the statute governing property division in divorce. Failing to account for shared and individual debts can leave one party exposed to future financial hardship long after the divorce is finalized.

Community vs Separate Debt

Washington is a community property state, which means that most financial obligations incurred during the marriage are presumed to be community debts, regardless of which spouse’s name appears on the account. Credit card balances, vehicle loans, mortgages, and household expenses typically fall into this category because they were undertaken for the mutual benefit of the marital community.

By contrast, separate debt generally includes obligations that existed before the marriage, or that arose after the parties separated. Debts tied exclusively to one spouse’s separate property or personal pursuits, such as a premarital student loan or a post-separation credit card account—are often treated as that spouse’s sole responsibility. However, classification can become complicated when funds are commingled or when one spouse’s spending indirectly benefits the marriage.

How Washington Courts Divide Debt

The court’s goal in dividing property and liabilities is fairness, not necessarily equality. Under RCW 26.09.080, judges evaluate a variety of factors, including:

  • The nature and extent of the community and separate property;
  • The duration of the marriage;
  • Each spouse’s economic circumstances at the time the division is to become effective; and
  • Whether the family home or other assets should be awarded to the parent with whom the children will reside.

Debts are often allocated based on which spouse is better positioned to repay them or who primarily benefited from the expenditure. For example, a credit card used for household necessities may be divided equally, while a personal loan used for an individual’s gambling or extramarital activities may be assigned solely to that spouse.

Practical Considerations and Creditor Rights

It is important to understand that divorce decrees do not alter third-party contracts. Even if a court assigns a particular debt to one spouse, creditors can still pursue both parties if both names are on the account. As a practical matter, divorcing spouses should take proactive steps to protect themselves, including:

  • Closing or refinancing joint credit accounts;
  • Monitoring post-separation spending; and
  • Documenting payments made after separation.

Doing so helps ensure that obligations are clearly attributed and that future credit exposure is minimized.

Accurately distinguishing between community and separate debts requires both financial insight and legal precision. A skilled divorce attorney can analyze account histories, trace the use of funds, and advocate for an equitable division that safeguards your long-term financial stability.

At the Law Office of Erin Bradley McAleer, our firm provides strategic representation in complex property and debt division matters throughout Washington. We help clients navigate the intersection of financial and family law with clarity and confidence, ensuring that each client’s rights and obligations are clearly defined before the court issues its final decree.

If you are considering divorce or are concerned about how your debts may be divided, contact our office today to schedule a confidential consultation.