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 Michigan, which is a common law state and not a community property state, the liability for a residential lease during a divorce generally depends on whose name is on the lease agreement. If both spouses are named as tenants, they are both responsible for the lease obligations. If only one spouse is named, typically only that spouse would be legally responsible for the lease. However, during divorce proceedings, the court may consider the lease obligation as part of the marital debts and decide on the responsibility for the lease payment accordingly. Spouses should review their lease for any early termination clauses that might allow them to end the lease early. It's important to note that the terms of the lease and state law will govern the situation, and an attorney can provide specific advice based on the individual circumstances of the divorce and lease agreement.