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Marital debt must be handled in a divorce

On Behalf of | Jun 24, 2026 | Divorce

People who are married often use credit to purchase various things they want, and they may have bills from other sources. If they decide that they’re going to divorce, they will have to divide the assets they’ve amassed, but they also have to split up all those debts. 

The way everything is handled during the property division process can have a major impact on the financial future of both parties. It’s critical to understand the options and effects that are possible before making any decisions. 

How can the debts be handled during the divorce?

There are two primary ways that debts can be handled during the property division process. One of these is that they can be divided between the parties, just like the assets are divided. This puts each person in charge of making sure specific debts are paid. 

The downside to this option is that the creditors aren’t part of the divorce, which means they don’t have to abide by the terms in the divorce decree. They would still be able to hold both parties accountable for the balances due and report non-payments to credit bureaus. 

Another option is to use the marital assets to pay off the debts. If there isn’t enough cash available, this could mean having to liquidate assets. The trade-off of liquidating assets is not having to worry about whether the other person pays the bills or not. 

The property division process is only one part of legally ending a marriage. Understanding the options and how they will affect financial stability in the future may help with the decision. Because of this, working with someone who understands the process may be beneficial.