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Dealing with debt in a divorce

July 2, 2015 by · Leave a Comment 

Article Written by : Financial Resources 101

Marriage as well as divorce will have consequences on debt. In this article we try to explain impacts of a divorce on certain debt incurred during marriage.


Mortgage is one debt that many enter into immediately after marriage. Different state laws are making it complicated for many who are facing a divorce and having a mortgage obtained while married. It is more common for both parties to be responsible for the mortgage regardless of how the mortgage is obtained. But knowing your state law will help.

Credit card debt

If the debt occurred before the marriage, each party may be responsible for the debt. Once again state law may play a role. But most states consider credit obtained during the marriage as joint regardless whose name appears on the card. Therefore, both parties will be equally responsible.

Medical expenses

Once again the state law may handle medical expenses in a divorce differently. Community property law states such as Arizona and California, consider medical expenses incurred during the marriage as community debt making both parties equally responsible. In equal division property law states courts will make a decision taking variety of factors into consideration including whether parties lived together or not and impact of debt on children.