With debts at unprecedented levels (especially student loan debt), many divorcing couples are finding themselves splitting up debts rather than assets.

Common Debts

Common debts that are divvied up in a divorce proceeding include:

  • Student loan debt
  • Credit card debt
  • Home mortgages
  • Car loans

In an uncontested divorce matter, both parties come up with a division of assets that they agree on and request that the judge approve it. If the divorce is contested, and the parties can’t agree, it’s up to the judge to determine how the debts will be divided.

If there is a large enough amount of debt, couples often have to pursue bankruptcy before filing for divorce.

As is the case with dividing up assets, it is best for couples to remain cooperative when dividing up debts. Remaining amicable can allow the divorce process to move forward to completion quickly and efficiently.


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