The court will consider these factors in determining division of debt:
- Whose debt it is;
- Why it was incurred;
- Who benefitted from the asset purchased or debt monies;
- Who will ultimately receive the asset purchased;
- Who can afford to pay the debt;
During your marriage, most of your debts were probably incurred jointly. That means you are both legally responsible for the debt. The Court will determine who pays what. However, if your spouse does not pay the debt, the creditor can still sue you over the debt. You can then file a Petition for Contempt and have your spouse held in contempt for his/her failure to pay the court-ordered payments if this were to happen.