Unreasonable Marital Debt: When Only One Spouse Is Liable
A common question our lawyers receive is the extent to which one spouse is responsible for the debts of the other after the spouses separate. This can be a significant issue when an angry or irresponsible spouse racks up debt either to spite the other spouse or in spite of the other spouse’s interest. Generally speaking, courts divide the debts of the parties similarly to the way they divide assets. First, they identify the debts, then they classify the debts as either separate or marital. Lastly, they divide the debt. The far majority of debts are considered marital debt for which both parties are responsible.