How are Debts Divided in a Divorce?
The court has the power to enter equitable orders for the distribution of debts incurred during the marriage. Generally, the Court will order payment of marital debts based on the ability of each spouse to pay. A spouse who has a greater capacity to pay than the other spouse could be ordered to bear an unequal share of the marital debt especially where he or she has historically done so during the marriage. Normally, non-marital debts (those incurred before the marriage or after the divorce) are the responsibility of the party who incurred them.
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The foregoing information is general, non-case-specific information and is not intended to constitute legal advice or to form an attorney-client relationship. We provide aggressive, competent representation in all areas of divorce and family law, including child custody, visitation, child support, alimony awards, modifications, guardianships, adoptions, prenuptial agreements and all related matters. To schedule an appointment with one of our attorneys, please contact our office at 801-377-4652.
Courtyard at Jamestown
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673