Marital Debts in Divorce: Get Legal Help to Divide Clearly and Fairly

Because Divorce Isn’t Just About Dividing Assets, It’s About Debts Too

When going through a divorce, many people focus on who gets what (assets) and overlook the equally important question of who pays what (debts). Marital debts in divorce can be as complex and emotionally taxing as dividing property.  In Texas, marital property – including the debts incurred during the marriage – is typically split equitably between spouses. But not all debts are treated equally. That’s why it is essential to have a legal team that understands divorce and debt division laws in Texas.

At Clark Law Group, we help you understand how marital debt is defined, divided, and negotiated during divorce. Whether it is a shared mortgage, a business loan, or a credit card balance, our attorneys work to protect your financial interests. We ensure that you don’t end up carrying a financial burden that is not yours to bear in the first place. With years of experience and a client-centric approach, Clark Law Group is here to reduce the stress and advocate for a fair outcome.

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469-906-2266

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Here’s what you need to know about marital debts

Determining which debts are marital is the most crucial step during a divorce. Marital debts are those incurred during the marriage for community estate benefits. These include car loans, medical bills, mortgages, credit cards, and personal loans.


Couples often don’t understand that divorce debt division isn’t always 50/50; it is done equitably, which means, by assessing the earning capacity, health, and education of each spouse. The nature of the debt and who incurred it is also taken into account. 


Even after the division of debts, if both spouses were co-signers of an account, the creditor will see both spouses as responsible for the debt. To navigate these liabilities, it is essential to work with a qualified Texas divorce attorney who understands the law.


Negotiations are also possible when it comes to agreeing on debt settlement or repayment plans. During the divorce process, it is essential to devise a solid marital debt plan to minimize damage to the credit scores and finances of both spouses.

Debt doesn’t disappear with divorce, and knowing what counts as marital debt can save you from costly surprises.

In Texas, the court doesn’t always split marital debt after divorce equally, but equitably, depending on several factors. Failing to properly identify and divide these debts can lead to severe consequences.

That’s why it is critical to have a knowledgeable divorce attorney by your side. At Clark Law Group, we work to ensure that every debt is correctly classified and that you enter a fair division agreement during divorce.

We are ready to guide you every step of the way.

Call to discuss your case

469-906-2266

Any debt that is incurred by one of the spouses before the marriage or after the divorce filing is classified as separate debt.

Separate debts in a divorce include:

Student Loans

Personal Loans

Credit Card Debts

Real Estate Loans

However, if one spouse incurred a debt before marriage but the other helped repay it during the marriage tenure, the community property associated may be subject to division. 

Call to discuss your case

469-906-2266

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Worried About Marital Debts After Divorce? Get Trusted Legal Guidance from Clark Law Group

Divorce debt can quickly become overwhelming if not handled properly during the separation. With Clark Law Group by your side, you can understand financial responsibilities better!

Don’t let marital debts in divorce add to your stress. Contact Clark Law Group today for a strategic approach to protect your future!

Call to discuss your case

469-906-2266