
Debts and Divorce: Here’s What You Need to Know
On Behalf of Law Offices of Michael A. Robbins | Oct 24, 2017 | Uncategorized |
When a couple gets divorced both spouses are usually very concerned with how their assets will be divided. While property division is obviously a very important aspect of dissolving a marriage, dividing a couple’s debts is often just as, if not more, critical. This article provides a general overview of how debts are handled during Michigan divorces, but for case specific information be sure to contact a local divorce attorney.
How are Debts Divided in Michigan?
When a family law judge is called upon to distribute a divorcing couple’s debts here in Michigan he/she is legally required to fairly distribute the couple’s marital debts. But what counts as “marital debt”? Generally speaking, debt acquired during a couple’s marriage is classified as marital debt (with some limited exceptions such as student loans spent on one spouse’s education). It is important to note that marital debt does include debt that was taken out under just one spouse’s name. For example, if Ted racks up $10,000 worth of credit card debt while married to Sally on a card that was only in his name that $10,000 debt would be considered a marital debt in Michigan and would be distributed fairly between Ted and Sally upon their divorce.
Fair Does Not Necessarily Mean Equal
When people hear that marital debts are divided “fairly” in Michigan divorces they often mistakenly equate this to mean that the marital debts are divided “equally”. Don’t make this mistake, fair does not necessarily mean equal. Admittedly, when a Michigan divorce is finalized each ex-spouse will typically walk away with half of the couple’s marital debts, but that is not always the case. It is important to note that a fair distribution of a couple’s debt does not necessarily mean an equal 50-50 split. For example, family law judges in Michigan have been known to unequally divide a couple’s marital debt when:
- One spouse has substantially more means than the other,
- One spouse is at fault for ending the marriage,
- One spouse is being awarded more of the couple’s property (and is taking on the accompanying mortgages etc.), or
- One spouse incurred substantial marital debt that did not benefit the household without their spouse’s consent.
Contact Us Today
Asset and debt division during a divorce is always tricky. This area of the law can get very complex and, understandably, financial settlements are almost always a hot button issue that provokes a great deal of emotion from the divorcing spouses. Here at the Law Offices of Michael A. Robbins we are committed to making this trying process run as smoothly as possible for our clients while all the while tenaciously fighting for what they are legally entitled to. To find out what our firm can do for you contact our Bloomfield Hills office today at (248) 646-7980.
Recent Posts
Archives
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
Categories
RSS Feed
Let us help you

Contact The Firm
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302
Phone: 248-646-7980
Fax: 248-646-7989