The Lewis Leeper Blog
Massachusetts divorce laws give the courts the right to divide joint debts between the couple, regardless of whose name is on the debts and who is at fault in the divorce.
The couple may be able enter into an agreement to name who should be responsible for each debt, but if the couple can’t agree, the divorce court will decide how to divide the debts, much like property distribution.
In most states, the divorce courts will divide marital debt equitably, which doesn’t necessarily mean equally. The divorce court will typically divide assets and debts by considering factors, such as the spouses’ incomes, education, child custody, future earning potential and the standard of living established during the marriage.
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