We Will Guide you

We will guide you step-by-step
through this difficult process.

Free Initial Consultation (866) 290-9292
Home Divorce Division of Marital Debt

Montgomery County Division of Marital Debt Attorney

Going through a divorce can be stressful, time-consuming, and expensive. You are probably aware that you have to divide assets and property, but you may wonder what will happen to your debts. Will you be responsible for paying a debt that your ex-spouse owes?

All debt accumulated during the course of a marriage is called marital debt. Pennsylvania is an equitable distribution state, which means you and your ex may both be liable to pay for any mortgages, loans, credit card balances, and tax obligations.

Is There a Way Around It?

If you do not want to be responsible for your ex’s debt, you would have to contact the creditor and see if they will have your name taken off of the debt. This must happen before the courts start the distribution process. The courts typically see marital debt as shared regardless of whose name is on it or how the debt came about; but if the debt was made before the marriage, or if there is written proof from the creditor that you were removed from the account, it could alleviate your liability.

There have been situations where only the debt that was accumulated for family reasons, such as a new house or purchases for the family, was considered marital debt and everything else was not included. Every case is unique, and no matter what precautions you may take, it is smart to prepare yourself for the possibility that you will have to pay off a portion of the debt.

How Is Debt Divided?

When dividing marital debt, the judge will look at the amount of the debt, and how and when the debt occurred to determine how much each spouse will be obligated to pay. Pennsylvania is an equitable distribution state, so there is no guarantee that it will be a 50/50 split. Other deciding factors are:

  • The duration of marriage
  • Age and physical/mental health of each party
  • Economic circumstances of each party
  • Sources of income/potential earnings
  • Contributions from one party to the other (example: if one party paid for the other’s education)
  • Benefits and insurance
  • Assets and current value of other marital property
  • Contributions of one party as a homemaker
  • The couple’s established standard of living
  • Tax consequences for distribution of assets
  • Child custody

No two marital debt division cases are alike, and that’s why it is important to hire a Montgomery County divorce financial issue attorney to walk you through the process. The Law Offices of Sheryl R. Rentz, P.C., has been handling divorce cases in the Montco area for 25 years. Contact our office today at (866) 290-9292 for a free consultation. We will go over your options and help you get a better understanding of what to expect during your case.

We know your problems are unique & special.
Call us, we will listen.
866.290.9292


Contact Us

Our team is ready to help. Start off your case with a no-cost consultation by calling our office today at (866) 290-9292 or by completing the following form.


Law Office of Sheryl R. Rentz

326 W Lancaster Ave, Suite 100
Ardmore, Pennsylvania 19003

Phone: (610) 645-0100
Toll-free: (866) 290-9292
Fax: (610) 645-0111

Pennsylvania Marital Debt Division Attorney Disclaimer: The family law legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a lawyer at our law firm office. This web site is not intended to solicit clients for matters outside of the State NJ or PA.

© 2018 Law Offices of Sheryl R. Rentz. Serving all counties in Pennsylvania, including Montgomery, Delaware, and Chester.

Website Design, SEO and Legal Internet Marketing by: SLS Consulting