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Financial Abuse

Updated: February 24, 2021

Who is responsible for the debt after we get divorced?

As a part of a divorce, debt that was built up during a marriage is usually split between the spouses, though not necessarily equally. What usually happens is that the spouses will decide on a division of debt that they can both agree to or a judge will divide the debt looking at a number of different factors. Depending on your state’s law, it could be possible that if you can prove that your spouse racked up debt for things that only benefited him/her and had no benefit whatsoever on the household, the judge might agree that s/he is the only person responsible for those debts. To figure out what your state’s laws say about the division of debt, and to find out about how the debt in your marriage might be divided in a divorce, we suggest that you talk to a lawyer. Go to our Finding a Lawyer page to try to locate a divorce lawyer in your state.

For general info on divorce in your state, but not specifically about marital debt, read about Divorce on WomensLaw.org.