Arnelle Strand, P.A.

Theoretically, each party is required to assume an equal portion of the debts incurred during the marriage, just as each party is entitled to receive an equal portion of the property accumulated during the marriage.   However, as a practical matter, the person who is earning the greater income at the time of divorce is frequently saddled with those liabilities under the theory that this person has a greater capacity to reduce the liabilities.  Another generally accepted "rule" is that the person who is awarded an asset receives the debt that goes with it.

Liabilities are of secondary importance to the Court, however, if they would reduce the economic power of the party who is also required to satisfy the support needs of the spouse and children, the Court will assign a lower priority to the rights of  third-party creditors and give priority to the immediate needs of the family.

The allocation of marital debts according to financial "horsepower" also holds true in the atter of attorney fees.  In contested divorce, one party can sometimes be held responsible for the attorney's  fees and costs of both the Petitioner and the Respondent, if that  person's income is substantially greater than the other person's income and there is no loump sum amount available to pay attorney's fees.