How Debt Is Divided in a New York Divorce

Going through a divorce involves much more than dividing assets. Many couples are surprised to learn that debts accumulated during the marriage must also be addressed and allocated between spouses. Understanding how New York courts approach debt division can help you prepare for this important aspect of your divorce proceedings. In this post a Syracuse divorce attorney explains what you need to know.

New York's Equitable Distribution Framework

New York is an equitable distribution state, which means that marital property and debts are divided fairly, though not necessarily equally, between divorcing spouses. The court considers various factors to determine what constitutes a fair division based on the specific circumstances of each case.

This approach applies to both assets and liabilities. Just as the family home or retirement accounts may be divided, credit card balances, mortgages, car loans, and other debts incurred during the marriage are subject to equitable distribution.

Marital Debt vs. Separate Debt

The first critical distinction courts make is between marital debt and separate debt.

Marital debt generally includes any debt incurred during the marriage, from the date of marriage until the date the divorce action is commenced or a separation agreement is executed. This can include mortgages, car loans, credit card balances, personal loans, student loans taken out during the marriage, medical bills, and business debts incurred during the marriage.

Separate debt typically includes debts incurred before the marriage, debts incurred after the commencement of the divorce action or execution of a separation agreement, and debts explicitly excluded in a prenuptial or postnuptial agreement.

However, the timing alone doesn't always determine classification. For example, if separate debt was used for marital purposes, such as using a pre-marriage credit card to pay for marital expenses, it may be treated as marital debt.

Factors Courts Consider in Dividing Debt

When dividing marital debt, New York courts consider many of the same factors used to divide assets, including:

• The income and property of each spouse at the time of marriage and at the time of divorce

• The duration of the marriage

• The age and health of both parties

• The need for a custodial parent to occupy the marital home

• The loss of inheritance and pension rights

• Whether one spouse contributed to the other's career or education

• The tax consequences for each party

• The wasteful dissipation of assets by either spouse

• Whether either spouse transferred or encumbered marital property in contemplation of divorce

The court's primary goal is to achieve a fair outcome that considers each spouse's financial circumstances and contributions to the marriage.

Common Scenarios in Debt Division

Credit Card Debt: Credit cards used for household expenses, family purchases, or joint activities are typically considered marital debt, even if only one spouse's name appears on the account. However, if one spouse secretly accumulated credit card debt for personal expenses without the other's knowledge, the court may assign that debt solely to the spouse who incurred it.

Mortgage Debt: The marital home mortgage is usually considered marital debt. If one spouse keeps the home, they often assume the mortgage, though the court may offset this obligation by awarding them additional equity or reducing other financial obligations.

Student Loans: Student loans can be complex. If taken out during the marriage, they may be considered marital debt, particularly if both spouses benefited from the increased earning capacity. However, courts may assign educational debt to the spouse who received the education, especially if the marriage was brief or the benefits were not shared.

Business Debts: If a business was operated during the marriage for the family's benefit, associated debts may be considered marital obligations, even if only one spouse was involved in the business.

Protection from Your Spouse's Debt

A common concern is whether you can be held responsible for debt your spouse incurred without your knowledge. While the court's equitable distribution order governs the division between spouses, it's important to understand that creditors are not bound by divorce agreements.

If your name is on a joint account or you co-signed for a loan, creditors can still pursue you for payment regardless of what the divorce judgment says. This makes it crucial to address debt strategically during divorce proceedings and to monitor credit reports afterward to ensure your former spouse is meeting their obligations.

Contact a Syracuse Divorce Attorney Today

If you're facing divorce and have concerns about how debt will be divided, don't navigate this process alone. Understanding your rights and obligations regarding marital debt is essential to protecting your financial future and emerging from divorce on solid ground. Contact our office today for a free confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.