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How are debts divided in divorce?

If you are planning to file for divorce, it is important to know how you can expect marital assets and debts to be divided between you and your spouse. You do not want to be left without the financial means necessary to maintain a decent standard of living, nor do you want to be weighed down by debts you did not incur. With help from an attorney at The Maroto Law Group, you can get your questions answered and avail yourself of the more than 20 years of divorce and family law experience our lawyers have to offer.

We understand the factors judges use when determining the equitable distribution of assets and debts in a divorce, and are committed to doing everything we can to see that you do not incur an unfair portion of the marital debt. We know the legal strategies that can be employed on your behalf, and you can trust we will be an aggressive advocate for your legal rights. Call now to schedule a free and confidential consultation with an experienced divorce lawyer in Chester County or Delaware County, PA.

How Marital Debt is Treated During Divorce

Any debt which was incurred between the date of marriage and the date of your final separation will be considered marital debt. Unless there are specific circumstances which would warrant awarding one spouse more marital assets or debt than the other spouse, all marital property will be divided equitably.

Some of these debts may include, but are not limited to:

  • Mortgages

  • Car loans

  • Lines of credit

  • Credit card balances

  • Tax obligations


These debts will all be split between the two parties regardless of which party incurred the debt. In cases where an individual came into a marriage with a significant amount of debt, that debt will likely remain as a separate debt and not subject to equitable distribution during the divorce.

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