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This is really a two part question. The first part asks whether you
are liable, as between you and your spouse, for debts incurred by your
spouse. The second part of the question asks whether you are liable
to third parties (i.e., creditors, for debts your spouse incurred).
Liability As Between You and Your Spouse
Generally, the court has the power to make any order regarding payment
of debts as between spouses in a divorce proceeding. Therefore, even
if all of the marital debts are in your spouse's name, the court can still
order that you pay some or all of those debts. If you fail to do
so, your spouse (or even the creditors) may be able to use various collection
methods to recover the unpaid debt from you, or may even be able to have
you held in contempt.
Liability to Third Parties
With regard to your liability to creditors for your spouse's debts,
a Utah statute states that "[n]either spouse is personally liable for the
separate debts, obligations, or liabilities of the other . . . " if:
1. The debt was incurred prior to the marriage;
2. The debt was incurred during the marriage and is not a family
expense; or
3. The debt was incurred after the divorce and is not a reasonable medical
or dental expense for your minor children;
Also, regardless of any of the tests enumerated above, if the court has
ordered that you pay the debt (e.g., as part of divorce decree), you are
liable for the debt. See Utah Code Ann. Section 30-2-5.
What are Family Expenses?
Family Expenses are the "expenses of the family and the education of the
children." Utah Code Ann. Section 30-2-9. All family expenses are
the responsibility of both parents. A creditor who is collecting a family
expense can seek collection of the debt from either one or both parents,
even if one of the parents did not personally sign a contract or otherwise
take any action to incur the debt.
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