If you get divorced and have debt in one spouse’s name, can the other spouse be responsible for helping pay that off after a divorce?

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If you get divorced and have debt in one spouse’s name, can the other spouse be responsible for helping pay that off after a divorce?

Asked on March 30, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, they can.  What people do not realize is that there are not only marital assets to divide in a divorce but there is marital debt.  And if the debt is incurred during a marriage for the benefit of the couple then it is marital debt regardless of whose name it is in.  Good luck.


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