Dividing debts in a divorce can be a complex process. Financial Planning Manager and Divorce Analyst Linda Ginder explains how mortgages, loans, credit cards, and other debts can be split in divorce. Find an EP Wealth advisor near you.
How Do You Split Up Debt In A Divorce?
Whether it’s a mortgage, student loans, or credit cards, debt is a reality for some American couples. In a divorce, they may be wondering who is left to pay those bills. The answer? That depends.
As a Certified Divorce Financial Analyst® at EP Wealth, I help clients untangle their debts and move forward toward an equitable financial agreement. Below, I share some insights into questions and concerns commonly raised by my clients over the division of debt during divorce.
Is Debt Split 50/50 in Divorce?
As a CDFA®, my goal is to document and assess a couple’s finances during divorce proceedings. Debt is an important part of the couple’s overall net worth. Like assets, debts are generally either divided equally or used to balance one another out to possibly arrive at a settlement that’s equitable for both parties.
There are some special considerations when it comes to debt in divorce. To help determine who is responsible, we look at when the debt was initiated.
Let’s say one spouse took out student loans years before meeting their partner. That debt is likely to stay with them—unless the couple agrees to different terms in their divorce agreement.
I also look at whose name is on the loan, credit card, or other debt. In some cases, debts that are only in one spouse’s name may follow them after divorce.
It also depends on the state where you divorce. In community property states, both spouses are generally responsible for any debts acquired during the marriage.
Home Mortgage
As a divorce financial planner, I provide insight and education on the implications of decisions surrounding certain debts.
Let’s take your home mortgage. For many couples, this can be one of the most significant debts they carry.
We can discuss if refinancing makes sense to release one spouse from future liability for that debt, or if it’s better to buy your spouse out and retain the home.
Selling the marital home and splitting the profits is another option that may be more practical for some couples.
Protecting Your Credit Is a Priority
It’s also important to consider how different options for dividing debts can potentially impact both spouse’s credit as well. One of the goals of a successful divorce agreement is to create two self-sufficient households once the divorce is final—and healthy credit is a part of that.
If you are worried about possibly being saddled with an unreasonable amount of debt, or being assigned debt you don’t believe is yours, I encourage you to share your concerns with your divorce mediator, collaborator, or attorney. They can advocate for you and work towards protecting your interests throughout every stage of your divorce proceedings.
Working Towards A Fair Financial Judgement
Here are four ways that could help make the financial aspects of divorce more equitable before you step into a courtroom.
- Mediation: Opt for mediation before litigation. Collaborative problem-solving through a neutral mediator often leads to fairer, less emotionally charged outcomes.
- Independent financial professionals: Consult a Certified Divorce Financial Analyst® (CDFA®) to analyze your financial situation and advise on equitable asset division and long-term financial planning.
- Experienced divorce attorney: Hire a lawyer specializing in family law who understands your state's divorce laws, can advocate for your financial interests, and can work alongside a CDFA® if needed.
- Focus on fairness: Aim for a settlement that acknowledges each spouse's contributions and future needs, avoiding emotional retaliation or "punishment."
With the assistance of a CDFA®, you can work toward a fair division of debts that helps both spouses move forward along their path toward financial security.
Call or connect online to find an EP Wealth advisor to support your financial planning needs and goals at every age and stage of life.
DISCLOSURES
- Information presented is general in nature and should not be viewed as a comprehensive analysis of the topics discussed. Content does not involve the rendering of personalized investment advice, nor is it intended to supplement professional individualized advice.
- As the author of this piece, EP Wealth Advisors, LLC (“EPWA”) has tailored the messaging of this article to align with the categories, services, qualifications, capabilities and services that it offers and can service. It is intended to serve as a tool containing general information that should assist you in the development of subsequent discussions with the appropriate professionals. EPWA makes no representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information presented. All expressions of opinion by the author are subject to change without notice.
- EPWA is not in the business of providing legal services or advice. Always consult your tax advisor and/or attorney regarding your specific situation.
- The Certified Divorce Financial Analyst® (“CDFA®”) that are employed by EP Wealth Advisors, LLC are not practicing attorney, accountant, tax professional, or legal expert. All assessments and subsequent recommendations limited and are performed exclusively under the guise of financial planning. An attorney must be retained in order to professional and accurately assess legal options and/or to provide counsel. We also recommend consulting a CPA, accountant, or tax professional.
- Hiring or working with a CDFA® does not guarantee or ensure that a client or prospective client will experience encouraging or favorable results.
- Information presented is general in nature and should not be viewed as a comprehensive analysis of the topics discussed. It is intended to serve as a tool containing general information that should assist you in the development of subsequent discussions. Content does not involve the rendering of personalized investment, tax, or legal advice nor is it intended to supplement professional individualized advice by the appropriate professional(s).
- The decision to work with a CDFA® professional will differ amongst clients and depend on individual circumstances of each respective client. There is no guarantee or warrantee that the services offered by EP Wealth Advisors, LLC and/or a CDFA® will satisfy your divorce service needs. Services offered by other professionals may align more to your specific needs.
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