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.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.


Jesse Nason
Helping Rhode Island residents with all of their family law, divorce and child custody needs since 2006.
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