Affordable. Accessible. Experienced.

Marital debt can be difficult to divide during a divorce

On Behalf of | Jun 27, 2026 | Family Law |

People who are married may have considerable assets, and some also have debts. All of these must be divided during the property division process, but how that happens can have a major impact on the financial stability of each party as the marriage legally ends.

When it comes to the marital debts, determining what to do is critical because some options may lead to negative impacts on the individual’s creditworthiness. Understanding the options that are available may be beneficial if you’re in this position.

Liquidating assets

One of the options you have is to liquidate marital assets to pay off the debts. This would enable both parties to start with a fresh financial slate after the divorce. Once the assets are liquidated and the debts are paid off, the remainder of the marital estate would be divided so the marriage can legally end.

Assigning debts

It’s not always possible to fully pay off debts. Any debts that aren’t paid off will have to be assigned to someone, but this doesn’t mean the creditor has to abide by that ruling. The divorce is a civil matter that the creditor isn’t part of, so the creditor can still hold both parties accountable if the debt isn’t paid. This means that if your ex doesn’t pay what they’re assigned to pay, you may end up taking a negative hit on your credit report.

The property division process is only one part of the divorce, but it’s one that can have a major impact on your future. Considering each option that’s available and determining what’s truly in your best interest can be challenging but it’s critical that you do this so the marriage can legally end.