21 ANSWERS
Leonard A. Kaanta
Debt is split 50/50.
Answered on Jun 13th, 2013 at 1:31 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends upon the facts.
Answered on Nov 06th, 2012 at 8:15 AM
Generally everything is divided 50/50, although when one party earns substantially more than the other, I have argued that debt should be divided pro rata according to income.? Say one spouse earns twice as much as the other, that spouse would pay two thirds of the debt.? If that's the case, however, the spouse with lesser earnings or lesser earning ability should also seek spousal support after 20 years of marriage.?
Answered on Nov 02nd, 2012 at 1:48 AM
Generally speaking, debts acquired during marriage are considered "community" and therefore presumed to be equitably divided (this usually means equally).
Answered on Nov 02nd, 2012 at 1:37 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Typically, all debt and assets incurred and acquired during the marriage are split 50/50. You should consult with an attorney in order to best determine your potential rights and options. Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly. Additionally, if your existing or potential case is in or near the Central Florida area (Orange, Osceola, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you personally regarding your potential Family Law matter. My office offers free initial telephone consultations, during which we can discuss your matter in more detail, as well as explore the potential rights and options available to you. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same. Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Answered on Nov 02nd, 2012 at 1:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Normally it is split with the assets. Basically the net estate, assets and liabilities, are divided between the parties.
Answered on Nov 01st, 2012 at 5:00 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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We start with the proposition that marital obligations should be split 50/50.
Answered on Nov 01st, 2012 at 4:59 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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A divorce makes an equitable division of marital assets and debts. It can be split evenly but there are numerous factors that go into the division. Your entire property estate should be discussed and various options weighed You should decide what assets are most important and which ones can be let go. Other factors include support and repayment of liabilities.
Answered on Nov 01st, 2012 at 4:57 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Joint debt is split 50/50. However, you can offset the debt with an asset. Opinion only not legal advice.
Answered on Nov 01st, 2012 at 4:52 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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How debt and assets are divided depends on the assets and income of each party. Debt must be divided equitably, with the same criteria that defines a fair division of assets, defining a fair division of debt.
Answered on Nov 01st, 2012 at 4:50 AM
Debt is generally split equally but if one party is much better equipped to pay it, then the court can order that party to pay than one half. You should consult a family law attorney to review all of the assets and debts to be able to advise you.
Answered on Nov 01st, 2012 at 4:47 AM
Debt can be negotiated along with alimony, property division, child support, etc. You and your spouse might want to consider Mediation. Mediation is Fast, Effective and Affordable
Answered on Nov 01st, 2012 at 4:47 AM
equally
Answered on Nov 01st, 2012 at 4:46 AM
Theodora B. Fader
Marital debt is typically split equally or in proportion to each party's income. However, there are factors, such as what the debt was incurred for and whether the debt is secured or unsecured, which can impact how debt is divided. You should certainly consult with an attorney to discuss your debt situation and how your debts might be divided in a divorce as it is difficult to predict this with any certainty without much more information.
Answered on Nov 01st, 2012 at 4:45 AM
Collaborative Divorce Attorney serving Spokane, WA
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Burke Law Group, PLLC
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In Washington State, debt accumulated during marriage is presumptively community debt irrespective of who incurred the debt This means that both spouses have the obligation to pay the debt. Typically, during a divorce the court assigns repayment of community debt to one of the parties. However, if that person does not make the debt payments, the lender has the option go after the other spouse for repayment. If that happens, the recourse is to then bring a motion in court for reimbursement of the amount that you had to pay to the lender. If you have any specific concerns, you should consult an attorney for guidance related to your situation.
Answered on Nov 01st, 2012 at 4:43 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There are no fixed rules and that is likely a discretionary call for the judge if you and your spouse cannot agree on what is fair. Generally, the judge will consider all the relevant facts and circumstances, including each party's ability to pay debt, the nature and purpose of the debt, and who got the benefit.
Answered on Nov 01st, 2012 at 4:42 AM
Divide 50/50 just like the assets.
Answered on Nov 01st, 2012 at 4:41 AM
Suzanne H. Lombardi
In Alaska the courts start at 50/50. What will be important is if one party makes more money than the other. Then the split may be a percentage of what the parties make. An attorney can help advise you on the exact details.
Answered on Oct 31st, 2012 at 4:48 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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The court will make a fair and equitable division of your assets and debts. In doing so, it will primarily divide assets/debts acquired during the marriage, but the Court will also consider separate assets/debts.
Answered on Oct 31st, 2012 at 4:48 PM
Estate Planning/ Probate/ Wills Attorney serving Kent, WA
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John A. Ferguell, P.S
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Roughly 50/50 upon divorce regardless of who incurred it.
Answered on Oct 31st, 2012 at 4:39 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Call debt incurred during marriage (except for student loans, which are awarded to the person who incurred the loans as part of their education) are split equally in the absence of an agreement.
Answered on Oct 31st, 2012 at 4:37 PM