Spouses contemplating or proceeding with a divorce who have a residential lease obligation should read the lease agreement to determine if both spouses are named as tenants, and whether there are early termination provisions that may be available—if the spouses are interested in early termination of the lease.

If the spouses live in a community property state (as opposed to a common law state), both spouses may be liable for the lease payments even if both spouses are not named as tenants in the lease agreement. Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

In Connecticut, which is not a community property state but rather a common law state, the liability for a residential lease during a divorce will typically depend on whose name(s) appear on the lease agreement. If both spouses are named as tenants, they are both likely to be responsible for the lease obligations. It is important for spouses to review their lease agreement to understand the terms, including any early termination provisions that may exist. Early termination provisions might allow for the lease to be ended prior to its natural expiration under certain conditions, which could be relevant in the context of a divorce. Since Connecticut does not follow community property laws, only the spouse whose name is on the lease would generally be held liable for lease payments, unless otherwise stipulated in the lease or as determined by a court. However, during divorce proceedings, a court may issue orders that affect the responsibility for lease payments, taking into account the circumstances of the divorce and the financial situation of both parties.