Divorce and Debt

Like property, debt is classified as marital or separate. In general, both spouses are responsible for any debts incurred during the marriage. It doesn't matter which party actually spent the money. When the property is divided at the time of divorce, it's often the case that the person who gets the asset also gets the responsibility for paying any indebtedness secured by that asset. Even if your spouse agrees to take over the debt, joint obligors on a loan will remain jointly responsible. That is, the creditors can seek payment from either of you.

There are basically four types of debt:

  • Secured debt

  • Unsecured debt

  • Tax debt

  • Divorce expense debt

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