How does debt work in divorce?

roman_erudite · 2024-02-15T00:41:52+00:00

The loans may be marital but it may matter what they were spent on. You may have a claim of marital waste if say she's gambling it away, or spending on the AP, or running up unusual and exceptional expenses clearly just for herself right before filing. A lawyer is your best resource here.

RichardCleveland · 2024-02-14T19:58:17+00:00

All in regards to my states laws (MO)

In regards to medical debt... it depends. Pretty much all medical debt becomes "marital debt" that incurred after marriage. However some things can be excluded such as cosmetic surgery. In my state anything deemed as necessary is jointly owned.

After the marriage, Credit cards = marital debt (regardless of the account holder). Federal student loans are NOT marital debt, private loans I am not sure about.

It doesn't matter if you co-signed a loan or not during your marriage = marital debt

This should all hold true with or without a prenup.

Regardless I am simply bored right now, otherwise my response should've been "talk to your attorney".

RevolutionaryLaw8854 · 2024-02-14T19:49:59+00:00

Any asset or debts acquired during the marriage are community property.

There’s no “mine, yours, his hers” – it’s all “ours.” The source of the debt is not regarded either. Officially a marriage is considered one legal entity.

No if you came into the marriage with premarital assets are premarital that, especially if they’re numerator on a prenuptial agreement, the court may take those into consideration.

If you want a better answer, why don’t you go ahead and list all of the assets that’s acquired during the marriage and what each of you had prior to the marriage and we can give you a good gas is to weigh the court is going to look at it.

dday_throwaway3 · 2024-02-14T17:31:58+00:00

You need to consult an attorney about your prenup. We aren't attorneys and don't know what the scope of your prenup is, or if it will hold up if scrutinized.

Psychological-Point8 · 2024-02-14T17:03:48+00:00

Doesn't matter who is in what's name. The government looks at you as one entity. You can have $100 of debt and they can have $100k. You would be on the hook for $50k. Now the company's who wants there money back is going to hunt down the person who signed up for it tho.

justme4556 · 2024-02-14T17:03:29+00:00

Normally it is whatever is in your name you keep. Joint gets bought out or liquidated. Mine had med bills in her name and she has to pay them. As for the house I surrendered my equity in exchange she now is fully responsible for the mortgage and can be held in contempt if not paid.

Title	How does debt work in divorce?
Author	blinkyvx
Upvotes	5
Comments	22
Date	February 14, 2024 4:03 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1aqqea5/how_does_debt_work_in_divorce/
Archive Link	https://theredarchive.com/r/Divorce_Men/how-does-debt-work-in-divorce.1245390 https://theredarchive.com/post/1245390

Comments