Before Marriage

• For debts incurred before marriage, a pre-nuptial agreement can state that the husband's pre-marital debt is not a part the marriage and the spouses retain their debt individually. Some pre-nuptial agreements even attempt to keep a couple's finances separate during marriage. Such agreements may not be honored or accepted in all states and they may not prevent the creditor from attempting to go after the debtor's spouse; however, it may still offer some defense or protection.
  
  

During Marriage

• Unless prior arrangements have been made, a couple's debts during marriage are generally considered to be jointly held, or the debt of both parties. This is, obviously, true for any jointly held debt. For example if both parties sign a mortgage, or jointly apply for a car loan or a credit card, then the debt is the responsibility of both parties whatever other agreements or arrangements may have been made. In some cases, debt applied for by only the husband may be separate depending on state law; however, in most jurisdictions, trying to distance a wife in a marriage from the debt of her husband is difficult.
  
  

Separation

• When couples formally separate, they generally file a separation agreement. A separation agreement covers who is responsible for what financially during the separation. It is not a final divorce agreement but can lay the groundwork for the divorce. It is possible for a separation agreement to absolve a wife from responsibility for a particular debt of her husband's. As with the pre-nuptial agreement, it may not provide complete protection. A court may still rule that the wife is responsible for a debt regardless of what the agreement says and a creditor may still attempt to collect the debt from a debtors spouse and contest the agreement.
  
  

Divorce

• Where marriage is a union of two people, divorce is the dissolution of that union. When divorce occurs, assets and debts are divided between the parties. The division is then approved by a court. Unless an agreement on the joint payment of a debt in the divorce agreement exists, it is very difficult for a creditor to collect debt incurred by someone's ex-husband or ex-wife.