Who Pays the Debts in a Ohio Divorce?
Debt division is one of the most misunderstood parts of divorce. In Ohio, marital debts are divided equitably (fairly, but not necessarily equally) alongside marital assets. But here is the critical fact most people miss: creditors do not care about your divorce decree. If your name is on a debt, you are liable for it regardless of what the court orders. This guide explains how to protect yourself.
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Talk to AI AdvisorMarital Debt vs. Separate Debt
Marital debt
Debts incurred during the marriage for family purposes are marital debt. In equitable distribution states like Ohio, the court divides marital debts based on fairness factors like income, who benefited from the debt, and ability to pay.
Separate debt
Debts from before the marriage generally remain with the spouse who incurred them. Debts after the date of separation are also typically separate. However, debts on joint accounts may be treated as marital regardless of timing.
The gray area
A credit card in one spouse's name used for family expenses is usually marital. A spouse's gambling debt or luxury purchases for a secret affair may be assigned solely to that spouse as dissipation of marital assets.
How Specific Debts Are Handled
Mortgage
The mortgage follows the house. If one spouse keeps the home, they must refinance into their name alone. Until refinancing, both spouses remain liable. If neither can refinance, selling is usually the best option.
Credit card debt
Joint cards: both spouses are liable to the creditor. Individual cards used for family purposes: usually divided as marital debt. Close or freeze all joint credit card accounts as soon as separation begins.
Auto loans
The loan follows the vehicle. If one spouse keeps the car, they should refinance the loan. The other spouse should ensure their name is removed from both the loan and the title.
Student loans
Generally treated as separate debt belonging to the spouse who incurred them, even if taken during the marriage. Some states consider the marital benefit of the education in dividing other assets.
Medical debt
Medical debt incurred during the marriage is typically marital. A child's medical expenses are usually split between parents based on the child support order.
Tax debt
Joint tax liabilities are both spouses' responsibility. Innocent spouse relief may be available if your spouse underreported income or claimed improper deductions without your knowledge.
Protecting Your Credit During and After Divorce
Pull your credit reports
Get free reports from all three bureaus (Equifax, Experian, TransUnion) at AnnualCreditReport.com. Identify every account, especially joint accounts you may not know about.
Close or freeze joint accounts
Contact each creditor and close joint credit cards and lines of credit. If you cannot close them, request a freeze to prevent new charges. Do this immediately upon separation.
Open individual accounts
If you do not have credit in your name alone, open an individual credit card and bank account. Building independent credit history is essential.
Set up credit monitoring
Monitor your credit throughout and after the divorce. Free services like Credit Karma alert you to new accounts, inquiries, and changes.
Document the date of separation
Debts incurred after separation are generally separate. Having a clear, documented separation date protects you from new debt your spouse takes on.
Creditors vs. Divorce Decrees
This is the most important thing to understand about divorce and debt:
- ✓A divorce decree is an agreement between you and your spouse, enforced by the family court
- ✓Creditors are NOT bound by your divorce decree. They were not a party to your divorce
- ✓If your name is on a joint debt and your ex-spouse was ordered to pay it but does not, the creditor can and will come after you
- ✓Your remedy is to go back to family court and ask the judge to hold your ex in contempt, but the creditor is not required to wait
- ✓The solution: pay off or refinance all joint debts as part of the divorce settlement, so no joint obligations remain
- ✓If joint debts cannot be paid off, include an indemnity clause in your settlement: if your ex fails to pay, they must reimburse you and pay your attorney fees
Bankruptcy and Divorce
- ✓If your spouse files for bankruptcy, debts they were ordered to pay in the divorce may be discharged, leaving you responsible for joint debts
- ✓Child support and alimony obligations are NOT dischargeable in bankruptcy, regardless of chapter filed
- ✓Property settlement obligations (such as an equalizing payment) may be dischargeable in Chapter 13 but not Chapter 7
- ✓If both spouses have significant debt, filing joint bankruptcy before the divorce is sometimes the most practical option
- ✓Consult both a divorce attorney and a bankruptcy attorney if significant debt is involved. The interaction between bankruptcy law and divorce law is complex
- ✓Timing matters: filing bankruptcy before, during, or after divorce each has different strategic implications
Every situation is different
Worried about debts in your divorce? Tell our AI advisor about your financial situation and get guidance specific to Ohio.
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Legal Disclaimer: This article covers Ohio divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Ohio family law attorney for advice specific to your situation.