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Debt Division

Division of debts from a marriage

Money questions in divorce can be tricky. And hard to change once the court signs a decree. You may want a licensed professional to look at your papers before you file. See our Finding Legal Help page to learn more.

How are debts divided in divorce?

Generally:

  • If you and your spouse agree on dividing debts, the court will include your agreement in the divorce decree
  • If you cannot agree, the court will try to divide debts fairly
  • If a debt is tied to property (like a car loan), the person keeping the property pays the debt
  • You and your spouse share responsibility for debts taken on together for the family
  • You are not responsible for your spouse's personal debts unless you agreed to pay

What a divorce decree dividing debt means

  • A court order dividing debt is only binding for you and your spouse, except for medical debts for children.
  • Creditors don't have to follow the court order on dividing joint debts. This means if your spouse doesn't pay a debt they're supposed to, the creditor can seek payment from you. If you pay the debt, you could get reimbursed from your ex by filing a Motion to Enforce Order.
  • A creditor must follow the court order on medical debts for children if given a copy.

Utah Code Section 15-4-6.5 and Section 15-4-6.7 govern the division of marital debts.

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