What to Know About Dividing Debt in a New York Divorce

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One of the most stressful parts of a divorce for many is the division of assets between two spouses. Couples will typically acquire a significant amount of assets over the time of their marriage including houses, retirement plans, cars, and more. However, couples can also accumulate debt as well such as credit card debt and mortgages. Both assets and debts will be split between spouses when a divorce occurs. To learn more about how debt is divided in a New York divorce, continue reading and reach out to our experienced New York divorce attorney for help.

What is debt divided in a divorce?

New York courts will use equitable distribution to divide assets and debts between spouses in a divorce. This means that debts will be divided based on what is fair and just. This does not mean that the division will be equal. Spouses do not always receive the same amount of debt.

What is considered when dividing debt?

New York courts will consider various factors when deciding what is fair when dividing debt between spouses. These factors are in relation to each spouse as an individual as well as the details of their marriage. The following factors will be considered:

  • Both parties’ age and health
  • The length of the marriage
  • Both pirates’ standard of living
  • Written agreements made either before or during the marriage
  • Both parties’ economic circumstances after the division of property
  • The present value of the property
  • The parties’ debts and liabilities
  • Income or property brought into the marriage
  • The tax consequences of the proposed property distribution
  • Both parties’ income and earning capacity
  • Any delay incurred by one party in achieving their career goals
  • Contributions made by one spouse to the other’s ability to earn income
  • Contributions made that increased or decreased the value of the couple’s marital property
  • The need of a custodial parent to use the marital home
  • The need for a trust fund to pay for medical or educational costs of a spouse or child
  • Other factors the court may deem relevant

If you have any further questions about how debt will be divided in your upcoming divorce, do not hesitate to reach out to our experienced New York divorce attorney who can walk you through each step of the process ahead.


Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, we are ready to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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