Debt in a divorce, who pays?

By Matt Majeski, Minnesota divorce and family law attorney since 2008. Last reviewed October 2026.

Short answer: Debts taken on during the marriage are generally marital, no matter whose name is on them, and they are divided along with the assets. A loan usually goes with the property it’s attached to, like a house or car. But a lender can still collect from anyone whose name is on the loan, whatever the divorce decree says.

Dividing debt in a divorce can be difficult. Many couples build up significant debt during the marriage. When they divorce, one or both spouses will be responsible for repaying each debt.

First, each debt needs to be identified, valued, and divided. Courts may also treat different kinds of debt differently. As with assets, courts generally treat debts taken on during the marriage as marital, no matter whose name is on the account.

Mortgage Debt in a Divorce

Many divorcing couples own a home, and the home usually has debt attached to it. Most often, that’s a primary mortgage. However, a home may also have a second mortgage or a home equity line of credit (HELOC), which people often use for home improvements.

These debts usually go with the home. So if one spouse keeps the house, that spouse usually, but not always, takes on the debts tied to it. Between the spouses, that spouse is then responsible for repaying them.

But keep in mind that the lender isn’t part of the divorce. If both names are on the mortgage, the lender can still hold either spouse responsible, no matter what the divorce decree says.

That’s why many divorces involve a refinance. The spouse keeping the house takes out a new loan in their name alone, which pays off the original mortgage.

Also, when the court values the home, it subtracts the mortgage debt from the home’s value. The result is the home’s “equity,” which is its net value.

Student Loans in a Divorce

Usually, the spouse who benefited from a student loan keeps that loan. The idea is that only that spouse gets the benefit of the education. Therefore, that spouse should repay it.

Credit Card Debt in a Divorce

Suppose you ran up credit card debt while living together and used it for household expenses. In that case, it’s marital debt, no matter whose name is on the card.

Credit card debt often helps balance the overall property division. For example, if one spouse receives more of the marital assets, that spouse may take a bigger share of the debt. That helps make the division just and equitable.

Car or Truck Loans

As with a home, a vehicle loan usually goes with the vehicle. When dividing vehicles, the court subtracts the remaining loan from the vehicle’s value. Then the spouse who keeps the vehicle usually pays the loan.

Medical Bills

Medical debts from the marriage usually count as marital debts.

Protecting Yourself After the Divorce

A divorce decree splits responsibility between you and your ex. However, it doesn’t change your contract with a creditor. So if the decree orders your ex to pay a joint debt and they don’t, the creditor can still come after you. You’d then have to go back to court to enforce the decree. For that reason, try to close or refinance joint accounts as part of the divorce.

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