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 Pennsylvania, which is a common law state and not a community property state, the liability for a residential lease in the context of a divorce typically depends 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. However, if only one spouse is named, that spouse would generally be liable for the lease. 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 could allow for the lease to be ended prior to its natural expiration date, potentially subject to penalties or additional costs. In the event of a divorce, the division of property and debts, including lease obligations, will be determined according to Pennsylvania's equitable distribution laws, which aim to divide marital assets and liabilities fairly, though not necessarily equally, between the spouses.