Divorce in North Carolina doesn’t only deal with the division of assets. It also requires the division of marital debts. Understanding how the process works helps you make informed decisions. In North Carolina, debts are handled in a similar way to property during a divorce. The court applies equitable distribution, meaning it divides debts fairly, though not always equally.
Marital vs. separate debt
Debt in a divorce isn’t treated the same way. Marital debt refers to any liabilities you and your spouse acquired during the marriage, like credit card balances, mortgages, or loans. Separate debt, however, belongs to only one spouse. This type of debt is typically incurred before the marriage or after legal separation. In a divorce, the court evaluates how each debt was incurred and who benefited from it.
Equitable distribution of debt
North Carolina uses equitable distribution to divide both marital property and debts. The court aims to divide the debts fairly, but this doesn’t mean a 50/50 split. The court takes several factors into account, such as the marriage’s duration, each spouse’s financial contributions, and the needs of any children. It also considers each spouse’s ability to pay the debt when making decisions about the division.
Impact of debt on settlement
If one spouse is left with a large portion of the debt, it can influence the overall settlement. The court may adjust the distribution of assets to balance the division of debts. For example, if one spouse assumes a significant portion of the marital debt, the court might grant them a larger share of the property or assets to make up for the imbalance.
Understanding how the court handles marital debt can help you reach a fair solution in your divorce.
