Debt Division
The process of dividing marital debts between spouses during divorce. Like assets, debts acquired during the marriage are generally considered shared obligations.
Understanding Debt Division
Marital debts — including mortgages, car loans, credit cards, student loans, and medical bills — must be divided along with assets. In community property states, marital debt is split 50/50. In equitable distribution states, courts divide debt based on fairness factors. Critically, divorce decrees do not bind creditors: if your ex is ordered to pay a joint credit card but doesn't, the creditor can still come after you. The safest approach is to pay off or refinance joint debts before or during the divorce to sever financial ties.
Real-World Examples
The court assigns the $15,000 credit card balance to the husband and the $12,000 car loan to the wife as part of the debt division.
Related Terms
A property division system used in nine states where all assets and debts acquired during the marriage are owned equally (50/50) by both spouses.
Equitable DistributionA property division system used by most states where marital assets and debts are divided fairly, though not necessarily equally, based on multiple factors.
AssetAny property or item of value owned by either or both spouses that is subject to division in a divorce. Assets include real estate, bank accounts, investments, retirement funds, businesses, and personal property.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.