Debt and equitable distribution


#1

Dear treehouse:

Greetings. Yes, debt is also divided in equitable distribution. If one spouse creates debt on a credit card during the marriage, it is generally divided equally between both parties at the equitable distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Can financial debt come into play with equitable distribution? The statute appears to only mention assets. More specifically, if there was no “joint” property and financial matters were kept separate during a short marriage, can a spouse claim that debt incurred on a credit card during the marriage be divided?