Dividing Marital Debt Is a Serious Discussion in Divorce

When a couple is divorcing, one area of dispute may be not only the property division, but also the debt division. Splitting the debt can be even trickier than splitting the assets, especially if one spouse is either a non-working spouse or a low wage earner.

Both spouses are liable for the marital debts. If one spouse is overwhelmed with debt and declares bankruptcy, the remaining spouse becomes liable for all of the remaining debts.

At the Law Office of Amy L. Beauchaine, attorney Beauchaine has been helping couples divide their marital assets and debts since 2000. As a family law attorney, she is an experienced Orlando marital debt attorney who can help sort out the family's debts and work out a division of debt to which the court may agree.

The court prefers to see both assets and debts divided in half unless there is a good reason not to do so.

The Name on the Loan Does Not Dictate Which Spouse Pays in the Divorce

Marital debt is any debt that was incurred during the marriage. It does not matter if the credit card was in your spouse's name. If the charges on it occurred during the marriage, half of the debt belongs to each spouse.

Marital debt includes some of the following:

  • Auto loans
  • Home mortgages
  • Outstanding credit cards or revolving charge cards
  • Lines of credit
  • Past-due taxes
  • Outstanding bills

The court has discretion in this matter. We work with our clients and the court to reach an agreeable division of debts during divorce.

Protecting Your Interests With Debt Division Solutions

In some instances, we must use creative legal tools to untangle the debt so that it can be divided. Attorney Amy Beauchaine can help you with the following matters:

  • Refinance mortgages
  • Quit claim deeds
  • Ownership/title changes for debts or properties
  • Court orders for forced home sales
  • Bankruptcy referrals

Help Protect Your Family's Future With Due Consideration of Past Debt

To get you and your family moving on a path toward a brighter future, please contact the Altamonte Springs Law Office of Amy L. Beauchaine at 407-636-2985 or send our post-divorce modification lawyer and Orlando marital debt attorney an email.