Debt

Assets (things that have financial value) are not the only thing to be divided in a divorce. Debts, obligations, and liabilities are also an issue that needs to be addressed and resolved as part of your divorce action.

 

As with property, debt acquired by both spouses during the marriage will often remain a responsibility both spouses have to pay, albeit with the court ordering each spouse to pay a portion or certain percentage of marital debt.

 

Debt that was acquired before marriage will usually (though not necessarily) be ordered the sole responsibility of the party who incurred the debt before marriage.

 

Sometimes a spouse will incur a debt in his or her own name during the marriage. The court can treat that debt as a separate debt that that will be solely responsible for paying OR if the court finds the debt was incurred as what is known as a “family expense” (an expense incurred for the benefit of the family, whether unnecessary or even discretionary expense) the court may treat that as a marital expense that for which both spouses may be ordered liable to pay a portion.