Understanding Debt Distribution in a Divorce
The dissolution of a marriage can be a stressful and complex process, further complicated by financial concerns. A common question that arises is: Does debt get split during divorce? This article delves into this matter, providing insights on how to navigate the uncertain terrain of debt distribution during a divorce in Canada.
Debt Division during Divorce: The Basics
When a marriage ends, financial issues often take center stage. Among the critical concerns is how debt is distributed. In essence, the division of debt can be influenced by various factors including the nature of the debt, the terms of the divorce, and the legal regulations in place.
The General Rule
Generally, the person who incurred the debt is held accountable for its repayment. Lenders consider the name associated with the debt, and the holder’s credit report is impacted if repayments are not made promptly, regardless of whether their spouse contributes to the repayments.
The Role of the Courts
In instances where couples cannot agree on how to divide their debts, the courts may step in to make a decision. The courts’ primary concern is to ensure a fair division of marital debt.
Preparing for Debt Division in a Divorce
Proactive steps can be taken to manage debts during a divorce process. Being prepared can help protect one’s financial interests and ensure a smoother transition.
Checking Debt Accounts
Firstly, it’s essential to check whose names are on any debt accounts. If you are the primary account holder and your spouse is a secondary cardholder, it may be advisable to remove them to prevent further debt accumulation.
Freezing Joint Accounts
For any joint accounts, contacting your lender to freeze the account might be a good idea. This prevents further debt from being accrued.
Making Minimum Payments
While awaiting a court decision on debt division, ensure to make minimum payments on any outstanding debts. This helps avoid negative impacts on your credit score.
Seeking Professional Advice
In these scenarios, consulting with a Licensed Insolvency Trustee could be beneficial. They can provide advice on managing your debts effectively throughout the separation process.
Splitting Secured Debt During Divorce
Secured debts, which are tied to assets, are handled differently from unsecured debts during a divorce.
Selling Joint Assets
If the divorce process is amicable, selling joint assets like property and vehicles and splitting the proceeds can be an effective method of debt resolution.
Buying Out Your Spouse
Alternatively, one spouse could buy out the other’s share in the assets.
Court Intervention
If both these options are unfeasible, the court could be allowed to make a decision, although this may lead to dissatisfaction for either or both parties.
Refinancing Vehicles
For financed or leased vehicles, discussing with your lender to determine how to refinance in either your or your spouse’s name can be a good option.
How the Court Decides on Debt Division
The court considers several factors when deciding how to divide debt. The aim is to ensure a fair distribution unless it would be unjust to one spouse.
Factors Considered by the Court
These factors may include:
- The duration of the relationship;
- Any signed and witnessed agreements;
- How the debt was incurred;
- If the debt value exceeds the property value;
- Each spouse’s ability to repay the debt;
- If one spouse increased the debt or reduced property value post-separation or divorce.
Dealing with a Non-Paying Spouse
When a spouse fails to pay their share of the debt as per the divorce agreement, it can create additional complications. In such a case, legal advice should be sought, and the case may need to be taken back to court for resolution.
Uncovering Hidden Debts
Discovering additional debts during a divorce can cause concern. In such cases, the debt holder must take full responsibility for repayment.
Protecting Yourself from Debt During Divorce
Certain precautions can be taken to safeguard oneself from debt during a divorce. These may include removing your spouse as a secondary cardholder, freezing joint credit cards, continuing minimum payments on joint accounts, selling property or buying out your spouse, refinancing vehicles, informing your creditors about your separation, and changing your beneficiary details if your spouse is listed.
Dealing with Bankruptcy During Divorce
When an individual files for bankruptcy post-divorce, the other spouse becomes liable for the entire joint debt amount. This situation can be complex and may require legal assistance or consultation with a Licensed Insolvency Trustee.
Conclusion
Navigating the financial aspects of a divorce can be challenging. However, understanding how debt is split during a divorce can help mitigate some of the stress and confusion. It’s crucial to take proactive steps, seek professional advice, and be prepared to deal with different scenarios. Remember, every situation is unique, and what works for one couple may not work for another.
In the end, it’s about reaching a resolution that is fair and manageable for both parties. After all, the goal should be to start the new chapter in your life on a solid financial footing, free from the burden of unresolved debts.
