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 New York, which is an equitable distribution state rather than a community property 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 legally responsible for the lease obligations, regardless of their marital status. If only one spouse is named, that spouse would generally be liable for the lease. However, during divorce proceedings, the court may consider the lease obligation as part of the overall division of marital assets and liabilities. It's important for spouses to review their lease for any early termination provisions, which may allow for ending the lease early, potentially subject to penalties or specific conditions. An attorney can provide guidance on how the lease and other financial obligations may be addressed in the divorce settlement.