When we think about divorce, dividing assets usually comes to mind first, but handling debt is just as important. Marital debt can include credit cards, mortgages, auto loans, medical bills, and other liabilities accumulated during the marriage. Dividing this debt fairly is part of the legal process and can have long-term financial effects on both parties. The decisions made in this part of the divorce can shape our financial stability after the separation is finalized. If you’re beginning the divorce process and need help sorting out shared financial obligations, a Johnson County, KS divorce lawyer can provide valuable insight.
Debt As A Shared Obligation
In most cases, any debt taken on during the marriage—regardless of whose name is on the account—is considered marital debt. That includes debt tied to joint accounts, as well as debt in one spouse’s name if it was used for the benefit of the household. Courts generally look at when the debt was incurred, how it was used, and who benefited from it when deciding how to divide it.
This does not mean debt will automatically be split 50-50. Kansas follows the principle of equitable distribution, which means the court aims for a fair—not necessarily equal—division. That could result in one party being assigned a greater share of debt if they also receive more assets or if they’re in a better financial position.
The Impact Of Separate Debt
Not all debt is considered marital. Debt incurred before the marriage or after separation might be considered separate, depending on the circumstances. If one spouse took out a loan for a personal expense unrelated to the marriage, that debt might not be shared. However, this can become a point of dispute, especially if marital funds were used to repay it.
We’ve also seen cases where one person racks up debt without the other’s knowledge, such as gambling or excessive spending on personal interests. Whether or not that debt is shared can depend on how it aligns with household needs and whether the spending was reckless.
How Courts Approach Debt Division
In contested divorces, judges may assign debt based on several factors, including each person’s income, employment status, and access to other resources. Courts may also consider who is keeping the property connected to the debt—for example, assigning the car loan to the spouse who keeps the vehicle.
It’s not unusual for both spouses to be responsible for part of the same debt. In that case, it’s important to clarify who will make payments and how to protect both parties from future issues, such as missed payments affecting credit scores.
Practical Steps For Protecting Your Finances
We recommend gathering a full list of debts early in the divorce process. Make note of account balances, whose name is listed, and what the debt was used for. Keeping detailed records helps us work through each obligation clearly and fairly.
We also advise clients to avoid adding new debt during divorce proceedings unless absolutely necessary. Courts might take recent spending into account when dividing debt, especially if it appears to benefit only one party.
Getting Clarity During A Difficult Transition
Dividing debt might not carry the same emotional weight as other parts of divorce, but it can have some of the most lasting financial effects. Handling it with care helps both parties move forward with greater financial security. If you’re in the middle of a divorce or preparing for one, it’s wise to speak with someone who can help you address both assets and liabilities. The Law Office of Daniel E. Stuart, P.A. can provide guidance during this time, and a qualified lawyer from our team can help you understand your rights and obligations—contact us today to get started. Our firm has been practicing since 1994 and is fully prepared to help you through the most challenging experiences of your life. Call today, we are available 24/7.