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.

Hawaii is not a community property state; it operates under the 'equitable distribution' model. In the event of a divorce, both spouses should review their residential lease agreement to understand their obligations. If both names are on the lease, they are typically both responsible for the lease terms and payments until the lease ends or is otherwise legally terminated. If only one spouse is named, that spouse may primarily be held responsible. However, during divorce proceedings, the court may consider the lease obligation as part of the marital debt and decide on the responsibility for the lease payments accordingly. Early termination provisions in the lease may allow for ending the lease early, potentially with a penalty or additional fees. It is advisable for spouses to negotiate the terms of their lease obligations as part of their divorce settlement. Consulting with an attorney can provide guidance specific to the individual circumstances of the divorce and lease agreement.