Does the SCRA 6% interest rate cap apply to my spouse's debts?

Yes, if the debt is in both names (joint debt) and was incurred before the servicemember entered active duty. Debts solely in the spouse's name generally do not qualify unless the servicemember's income was the primary source for repayment.

Can I get a refund on interest already paid on joint debts?

Yes. Under SCRA, the excess interest above 6% is forgiven, not deferred. Lenders must refund any interest above 6% that you've already paid since the servicemember's active duty start date.

Does our joint mortgage qualify for SCRA protection?

Yes. Joint mortgages taken before active duty qualify for the 6% cap. Plus, mortgage protection extends for one full year after military service ends, unlike other debts which are only protected during service.

Military Spouse Joint Debt: 6% SCRA Interest Rate Cap

The Joint Debt Rule

Under the Servicemembers Civil Relief Act, debts incurred jointly by a servicemember and their spouse before active duty qualify for the 6% interest rate cap—the same as debts in the servicemember's name alone.

Legal Authority: 50 U.S.C. § 3937(a)(1) — "An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, before the servicemember enters military service shall not bear interest at a rate in excess of 6 percent."

This means if both your names are on a loan or credit card opened before active duty, you can request the interest rate be reduced to 6%—and the excess interest is forgiven, not deferred.

What Debts Qualify?

Debt Type	Joint Debt Covered?	Protection Period
Credit Cards (joint account)	Yes	During active duty
Auto Loans (both names)	Yes	During active duty
Mortgage (joint)	Yes	During + 1 year after
Student Loans (joint/cosigned)	Yes	During active duty
Personal Loans (joint)	Yes	During active duty
Spouse-only debts	Generally No*	N/A
Debts opened after active duty	No	N/A

*Spouse-only debts may qualify if you can show the servicemember's income was the primary source for repayment. Source: DOJ Servicemembers Initiative

Critical Timing Requirements

The "Pre-Service" Requirement

The debt must have been incurred before the servicemember entered active duty. Joint debts opened after the active duty start date are not covered by SCRA's 6% cap (though they may be protected by the Military Lending Act's 36% cap).

What "Before Active Duty" Means

Regular military: Before your enlistment/commission date
National Guard/Reserve: Before your federal activation date (Title 10 orders)
Multiple activations: The original debt date matters, not subsequent activations

Special Rule for Mortgages

Joint mortgages get extended protection compared to other debts:

Mortgage Protection Period

The 6% cap on joint mortgages extends for one full year after active duty ends. This gives you time to refinance or adjust your finances after separation. Source: 50 U.S.C. § 3937(a)(1)

Real-World Example

The Martinez Family

Situation: SGT Martinez and his wife Maria have a joint credit card with a $15,000 balance at 22% APR. They also have a joint auto loan with $18,000 remaining at 8.5% APR. Both debts were opened before SGT Martinez enlisted.

After requesting SCRA benefits:

Credit card rate drops from 22% to 6% = $2,400/year saved
Auto loan rate drops from 8.5% to 6% = $450/year saved

Total annual savings: $2,850
Plus, they can request retroactive refunds for any excess interest paid since his active duty start date.

How to Request the Rate Reduction

Send written notice to each lender requesting SCRA benefits
Include a copy of military orders showing active duty dates
Include a statement that military service materially affects your ability to pay
Request retroactive refunds for any excess interest already paid

Lenders must reduce your rate within 30 days of receiving a complete request. Source: OCC Comptroller's Handbook on SCRA

Request Deadline

You must submit your request within 180 days after military service ends. However, you can request benefits at any time during service—even years after the debt was incurred.

What About Spouse-Only Debts?

General Rule: Not Covered

Debts solely in the spouse's name generally do not qualify for SCRA protection. The servicemember must be a borrower on the account.

Possible Exception

Some courts have ruled that spouse-only debts may qualify if:

The servicemember's income was the primary source for repayment
The military service materially affects the ability to repay

This is a gray area—if this applies to you, consider consulting a military legal assistance attorney (free through JAG).

Authorized User vs. Joint Account

Being an "authorized user" on a credit card is not the same as being a joint account holder:

Account Type	SCRA Eligible?
Joint account (both names on application)	Yes
Primary + Authorized User	Only if servicemember is primary
Spouse primary, servicemember authorized user	No

Claim Your Joint Debt Benefits

SCRA Saver handles the entire process—we contact your lenders, submit the paperwork, and track your refunds.

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