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Allocation of Marital Debt

Many parties contemplating divorce, usually consider issues such as child custody and the distribution of marital assets. However, Marital debt is just as important when dealing with the distribution of the marital estate. Marital debt can include; credit cards, lines of credit, mortgages, home equity and home improvement loans on your house and other real estate, and car loans. It is important to note that all debt acquired during the course of the marriage is not necessarily marital debt. For example, if a party uses marital funds or incurs a debt that was not used for the marital purpose, the opposing party can move to have this debt determined to be an individual debt.

Understanding how Marital Debt is Distributed:

Marital Debt is to be distributed equitably between the parties. The following are common types of marital debt:

  • Credit card bills
  • Mortgages
  • Medical bills
  • Car loans
  • Home equity lines
  • Business debt
  • Student Loans
  • Other loans

Similar to the distribution of assets, Illinois 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.

Contact an Aurora Divorce Attorney

Ideally, it would be in the best interest of all parties to come to an agreeable resolution to your distribution of marital debt issues. However, if you find that you are constantly in conflict when it comes to how the marital debt is to be distributed, you may need the assistance of an experienced divorce attorney. We will help you determine what is marital debt and how it should be equitably distributed. If you have questions or need an experienced Divorce Attorney, please contact my office for a free consultation. We will guide you through the process and will develop a strategy to achieve the best possible results.

Contact an Aurora Divorce Lawyer for legal representation

in any Divorce Law matter today.


The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties

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