St. Louis Marital Debts Attorney

Who pays the unpaid bills when parties divorce?

In Missouri, the law recognizes two types of property – separate and marital.  Separate property is the property of one spouse obtained prior to the marriage.  Marital property is property the parties obtained during the marriage.  Sometimes a party can convert separate property to marital property by, for example, titling a house purchased prior to the marriage jointly in the names of both parties.  One challenge in dividing property is untangling commingled property.

Debts are part of property.  Debts incurred by an individual prior to marriage remain separate property and that party’s responsibility, unless the debt somehow became converted during the marriage.  Debts incurred during the marriage are considered marital property.

Generally, the court must make an equitable distribution of marital property and set aside to each party his or her separate property.  Property includes both assets and liabilities.  The court will start from a 50-50 division and depart if the circumstances warrant, after considering the economic circumstances of each party at the time of dissolution, including how to handle the marital residence; the contribution of each spouse to the marital property; the value of the separate property of each party; the conduct of the parties during the marriage; and the custodial arrangements for the children.

Marital debts can range from small credit card balances to multiple mortgages on the marital residence.  Dividing debt in a way to assure a fair division and efficient payment without undue burden is more of an art than a science.  No party wants to leave a divorce feeling more burdened financially or with a damaged credit rating or even at risk of bankruptcy.

To be sure you have all the protections of the law, you should consult with a skilled and experienced family law attorney before making any decisions regarding marital debts.