Determining which spouse has more earning capacity.
Courts often take into account whether both sides can evenly handle debt payments. If one spouse makes more than the other, the person with the higher income might end up with more of the debt payments.
Determining who asked for the divorce.
If the decision to divorce isn’t mutual, it is ending because of physical abuse or substance abuse, or because one party had an affair, the judge may take this into consideration when dividing the debt.
Additionally, if both parties have debt in their own names, the court might order that they pay their own debts. Sometimes, courts will order that one spouse make payments toward the other’s debts if the debt amounts between the two are disproportionate.
| Related links: |
