Balance on mortgage= debt in ED?


If spouse gets house & contents, and there is a balance due on the mortgage, is that treated as debt for them for ED purposes? Is the fact that I would have considerable expenses in buying and furnishing a new place (i.e., immediate expenses such as downpayment, basic home furnishings) considered in ED?

How would non-essential personal items be treated in ED (such as a motorcycle, hobby car, or boat) if they’re being financed-- does the unpaid balance on such things get considered as my debt in ED which can be used to “offset” equity that spouse has in something else, or, are “luxury” items either not considered in ED due to their non-essential nature or, worse, “counted against” you in ED hearings (If I can afford that, I should be paying more alimony or giving something else up instead)?
If “luxury” items count against me (whether paid for or not), should I sell them prior to an SA or ED hearing?



Yes, the mortgage is treated as a debt and accounted for in the distribution. All the personal property, including vehicles, and luxury items would also be accounted for in the valuation and distribution. The valuation is at the date of separation, so selling assets does not mean they are not accounted for.