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.

Delaware is not a community property state; it is a common law state. In Delaware, if both spouses are named as tenants on a residential lease, they are both legally responsible for the lease obligations. If only one spouse is named, typically only that named spouse would be legally responsible for the lease. However, during a divorce, financial responsibilities, including lease obligations, may be allocated between the spouses as part of the divorce settlement. It is important for spouses to review their lease agreement for any early termination provisions. Such provisions may allow for ending the lease early, potentially subject to penalties or specific conditions. If contemplating divorce, it is advisable for spouses to consult with an attorney to understand their rights and obligations regarding residential leases and to negotiate the best possible outcome in their divorce settlement.