You’ve found the one, said “I do,” and started building a life together—but then the question hits: what happens if your partner brings debt into the marriage? Are you suddenly responsible for their credit card balances, car loans, or student debt?

Many Canadians wonder if marriage automatically makes them liable for their spouse’s debts. The short answer: no. Getting married doesn’t mean taking on someone else’s financial baggage. But when you start sharing finances, things can get more complicated.

Let’s break down how spousal debt actually works in Canada, including what happens with joint vs. individual debt, how to protect yourself, and what to do if your spouse’s debt starts affecting your finances.

Understanding Marital Debt

Marital debt is any debt you and your spouse take on while you’re married — things like shared credit cards, car loans, or a mortgage. Since you both benefit from those expenses, you’re both usually on the hook for paying them back.

That said, every couple’s situation is a little different. In Canada, it really comes down to whose name is on the account and what kind of debt it is. In most provinces, you’re only responsible for the debts you’ve actually signed for or agreed to share — not whatever your spouse racks up on their own.

The Difference Between Joint and Individual Debt

Not all debt is the same. Individual debt is in one person’s name — like your own credit card or student loan. Even if you’re married, that debt stays yours.

Joint debt is different. When both your names are on a loan or credit card, you’re equally responsible for paying it off, no matter who spends the money.

So, if you’re wondering, “If my husband or wife takes out a loan, am I responsible?” it depends. If you didn’t sign for it, it’s not your debt. But if both names are on the account, you’re both on the hook.

If Spouse Takes Out a Loan, Am I Responsible?

This is one of the most common financial questions couples face. The truth is, it depends entirely on how the debt was set up.

When You Are Liable

There are a few clear situations where you could be responsible for your spouse’s debts:

• Co-signed loans: If you co-signed a loan or credit line, you’re fully liable if your spouse doesn’t make payments.
• Joint credit cards or loans: You’re both equally responsible for paying back the balance.
• Household-benefit debts: In certain cases, courts may decide that debts used for family needs (like home repairs, household goods, or children’s expenses) are shared responsibilities, even if only one name is on the account.

When You Are Not Liable

Getting married doesn’t mean you automatically take on your partner’s debt. You’re only responsible for what’s actually in your name. That means you’re not on the hook for:

• Debts your spouse had before the marriage
• Credit cards or loans they took out on their own during the marriage
• A common-law partner’s debt (unless you’ve co-signed or shared the account)

So, just because you said “I do” doesn’t mean you signed up for your spouse’s credit card or student loan balance.

Are You Liable for Your Spouse’s Debts? Key Scenarios

Common-Law Relationships in Canada

If you’re in a common-law relationship, you don’t automatically share debt or property. What’s yours stays yours, and what’s your partner’s stays theirs, unless you’ve both agreed to share it.

So, if your partner comes into the relationship with debt, you’re not automatically responsible for it. But if you co-sign a loan or open a joint account together, then you’re both on the hook for those shared debts.

Money can be a tricky topic, but it’s worth talking about early. Sit down together, be honest about your finances, and make a plan, especially before buying a home or taking on any big shared expenses. It’s one of the best ways to avoid surprises and keep things running smoothly.

Authorized User vs. Co-Signer

It’s easy to confuse these roles, but they’re very different.

• Authorized user: You can use someone else’s credit card but aren’t legally required to pay it off. The main cardholder is still responsible for the debt.
• Co-signer: You agree to repay the loan if the main borrower can’t. The debt appears on both credit reports, and late payments can hurt both of your credit scores.

If you’re unsure which one you are, check with the lender, it matters more than most couples realize.

Divorce and Debt Responsibility

When a marriage ends, splitting up assets and debts can get complicated fast. In Canada, courts follow what’s called equitable distribution, which basically means they divide things fairly, not necessarily 50/50.

Having a prenuptial or postnuptial agreement can make this process a lot smoother. It spells out exactly who’s responsible for what, so there’s less confusion and stress later.

If there isn’t an agreement in place, the court might look at whose name is on the debt and whether it was used for the household or for personal spending.

For example, a credit card used for groceries or family expenses is treated differently than one used for a solo shopping spree or a weekend trip.

How to Protect Yourself from a Spouse’s Debt

Whether you’re newly married or years in, being open about money is one of the best ways to protect yourself financially.

Before Marriage

Talk about money early like what you each owe, how you handle credit, and what your goals are. It might not sound romantic, but honesty builds trust. If one of you has more debt or assets, consider a prenuptial agreement. It’s a plan that protects both of you if things don’t go as expected.

During Marriage

If you didn’t sign a prenup, a postnuptial agreement can do the same thing after you’re married.

You can also keep some accounts separate for personal spending while using a joint account for shared bills like rent and groceries. It’s a simple way to stay fair while maintaining independence.

Managing Debt Together

Debt happens, but you can face it as a team.

• Make a budget together: Track income, expenses, and payments so you know where your money’s going.
• Pay off high-interest debts first: Start with credit cards or payday loans to free up breathing room.
• Explore debt relief options: If things feel unmanageable, talk to a Licensed Insolvency Trustee. Solutions like a consumer proposal can reduce your debt, stop collection calls, and help you protect your assets.

When to Get Professional Help

If money stress is affecting your relationship, it’s okay to ask for help. A Licensed Insolvency Trustee can explain your rights and walk you through debt relief solutions that actually fit your life — like a consumer proposal or debt consolidation.

Final Thoughts

Marriage doesn’t automatically make you responsible for your spouse’s debt. With open communication, healthy boundaries, and the right advice, you can keep your finances strong and your relationship even stronger.

If debt’s already causing tension, Farber’s Licensed Insolvency Trustees can help you find a way forward.

Book a free consultation today and start building a more secure financial future — together.