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How will a judgment against me affect my spouse?
What is a money judgment?
A money judgment means you have been sued, and the court has ruled that you are legally obligated to pay money to a creditor. If unpaid, a creditor is entitled to garnish your bank account (which means to seize funds from your bank account) or garnish your wages (which means to withhold a portion of your paycheck until the debt is paid). A court can compel you to provide to the creditor information about both your bank accounts and your employment.
How does a money judgment affect my spouse?
It depends on the state you live in. In Minnesota, a spouse is not liable to a creditor for any debts of the other spouse, unless the spouses
- live together, and
- the debt was incurred to pay for household articles for the family or for necessary medical services.
However, if you share a joint bank account with your spouse, the money in the joint account can be garnished to pay a judgment against just one of you. If the debtor spouse can prove funds belong to the other spouse, the funds contributed by the spouse can be protected from garnishment.
In the long-term, judgments against you damge your credit score and can make it difficult for you and your spouse to obtain credit to make purchases together. You may not be able to purchase real estate, buy a car, or even qualify for a credit card. This can force the two of you to put all new debt in the name of the party with the better credit score and create an obligation in that person’s name alone.
How can I protect myself from a judgment against my spouse?
You can protect yourself from being held liable for your spouse’s debts by:
- Maintaining separate bank accounts
- Keeping your own assets in your individual name
- Securing an insurance policy with liability coverage
Signing a prenuptial agreement before getting married can also ensure that debts are designated separately in case of a divorce. A postnuptial agreement can also help to protect your assets if you are already married but are concerned about being held liable for your spouse’s financial decisions later on.
What should I do if I'm required to pay a debt that isn't mine?
If you don’t think you should be held responsible for a debt, ask the creditor to send you proof of your liability.
If you’ve been sued for a debt that isn't yours, replying to the papers you’ve been served is still crucial. Your debtor could acquire a judgment (court order) against you if you choose to ignore them. If this happens, you might be required to make a payment even if the debt is not legally your responsibility.
How are debts divided in a divorce?
It depends on whether you live in a common law or community property state.
In a common law state, the court will decide which spouse is responsible for outstanding debts. Whether or not you have to pay your spouse's debts will depend on factors such as the property settlement, who has the ability to pay the debt, and more.
In a community property state, all assets and debts are divided equally, regardless of whose name is on the debt or what it was used to pay for.
Community property states: A true "50-50" split of assets
As of 2026, there are nine community property states:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington, and
- Wisconsin.
In community property states, you and your spouse share equally all properties and debts incurred during your marriage. Any assets acquired during the marriage, whether titled jointly or separately, are considered “community property” and belong equally to both spouses. This also means that you are equally responsible for any debts, even if only one of you signed for them or was named in the judgment.
In community property states, a judgment creditor of your spouse can garnish your joint accounts. In some states, even if you have separate bank accounts, a creditor can also garnish your separate account to pay for your spouse's debt. However, other community property states provide an exception to the rule as long as your spouse doesn't make any deposits or withdrawals from your separate account.
Common law property states: A judge determines an equitable split of assets
As of 2026, there are 41 common law property states:
- Alabama
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington D.C.
- West Virginia, and
- Wyoming.
In common law property states, debts are generally separate unless the debt was incurred for a family necessity (childcare or necessary household expenses, for example) or if the debt was jointly undertaken. Therefore, in these states, creditors can only go after the income or property of the other spouse if the debt was incurred by both parties or benefited both parties.
Frequently asked questions (FAQs)
Are any of my assets exempt from garnishment in Minnesota?
Yes, there are many types of property and income that can be exempt from garnishment in Minnesota, such as:
- Social security payments
- Emergency assistance payments
- Public assistance payments
- Unemployment benefits
- Workers’ compensation benefits
- Veterans benefits
- Any income you earn below 40 times the Federal Minimum Wage
- 75% of your after tax earnings
- Your home
- Life insurance proceeds
- Income from a minor child
- Certain business property
- Other items of property up to a value limit
To claim an exemption, you must act quickly. Failure to act within the very short time you are given to claim the exemption will result in all funds being garnished. You must act quickly to protect your own assets. In this process, an attorney is essential to help you navigate this critical and confusing process quickly.
If I’m being sued for a debt, will I still have to make child support or spousal maintenance (alimony) payments?
Yes — even if a creditor is garnishing your assets or wages to repay a debt, you are still required to make child support or spousal maintenance payments. If you cannot pay your child support or spousal maintenance, you must request a modification from the court to avoid an enforcement action.
What should I do if my spouse incurred tax debt on our joint returns?
If you and your spouse filed taxes jointly, you are both liable for all of the tax debt.
But if the tax debt is the result of an “erroneous item” on the tax return, you may be eligible for innocent spouse relief.
Erroneous items on a tax return include:
- Unreported income, and
- Incorrect deduction, credit, or basis.
To claim innocent spouse relief, you have to prove you did not have actual knowledge or any reason to know of these erroneous items. The IRS considers a number of factors such as your involvement with a small business, your education level, and your participation in the preparation of the taxes, among other factors.
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Whether you want to protect yourself from being held liable for your spouse’s debts, or you want to ensure that debts incurred during your marriage are split fairly during your divorce and include protections so you are not later held liable, you should consult with a lawyer who can fight for your legal rights and secure the situation you deserve.
Schedule a free consultation with us below, and we’ll help you understand the facts of your case and create an action plan.
About the author
This article is provided by DeAnne Dulas, a family law attorney who has spent the past 20 years focused exclusively on divorce, custody, and related family law matters. Recognized as a Rising Star by Minnesota Law and Politics in her early years of practice, she has exceeded that expectation.
DeAnne’s unwavering loyalty to her clients and tireless commitment to their success has earned her the highest level of respect among lawyers and judges alike.
