When a couple decides to divorce, it is not only assets that must be divided during the proceedings, but also any marital debt that has accrued. As with assets, a family court will generally divide debts along equitable lines, meaning that the person who makes more or who has more assets will often be tasked with managing more debt, whether they originally incurred it or not. It may set your mind at ease to better understand the rationale judges use to make such determination so you can know if you are being unfairly saddled with too much debt.

Debts in Divorce

When discussing marital assets and debts, equity is the watchword - Illinois is an equitable distribution state, as opposed to a community property state, which means that the courts will divide both marital assets and debts according to each spouse’s ability to pay and the income they make. Generally, it is the fairest approach, as it ensures that each debt is assigned to the person who is most likely able to pay it. It most cases, the debt will follow the asset. For example, if one spouse is awarded a vehicle that still has a balance due on a loan, that spouse will take responsibility of both the ownership of the vehicle and payment of the loan.