Divorce involves not only the division of assets but also the allocation of debts. This covers credit card debt, mortgages, auto loans and personal loans, regardless of who owns the account. In Connecticut, a fair division of marital debts is essential to the divorce proceedings.
Does the court divide debts equally?
Connecticut follows the principle of equitable distribution, meaning the court divides marital debts fairly, not necessarily equally. Marital debts may include any obligations incurred jointly or individually for the benefit of the marriage. The court considers several factors:
- The length of the marriage
- The financial standing of each spouse
- The purpose of the debt
Both financially and otherwise, each party’s contribution to the marriage influences the court’s decision. Considering both parties ‘ circumstances, the goal is to reach a fair outcome.
Can a spouse refuse to pay the debt?
When a spouse refuses to pay debts incurred together, it complicates matters. The court order during divorce proceedings binds both parties to their respective responsibilities. If one party defaults, creditors may pursue either spouse, especially if both names are on the debt.
The non-paying spouse’s refusal can affect both parties’ credit scores. In such cases, the affected spouse may return to court to enforce the divorce decree. The court may order wage garnishment or other measures to ensure compliance with the debt payment terms.
Seeking legal support
Debt division in a Connecticut divorce requires careful consideration and understanding of state laws. While the court aims to distribute debts fairly, cooperation remains crucial. Understanding your rights and responsibilities can help you navigate these financial challenges effectively. With the proper legal guidance, you can protect your financial future during and after the divorce process.