Just like assets, marital debt is divided in divorce. In Michigan, that usually means the court looks at when the debt was incurred and for what purpose. Debts taken on during the marriage for the benefit of the household are generally considered marital debts, even if they’re in only one spouse’s name.

What if the debt is in only one spouse’s name?

It may still be considered marital. For example, if one spouse took out a credit card during the marriage to buy groceries or pay bills, that debt will likely be divided between both spouses.

What about debts I didn’t know about or didn’t agree to?

Unfortunately, those may still be treated as marital debts if they were incurred during the marriage and used for the household. However, if a spouse took on debt for secret purposes—such as gambling, an affair, or purchases that clearly didn’t benefit the family—the court may assign that debt solely to the spouse who incurred it.

If you suspect undisclosed debt, your attorney can use discovery tools to verify accounts and transactions before finalizing your judgment.

What about debts from before the marriage?

Debts incurred before the marriage are usually treated as that spouse’s separate responsibility, unless they were later refinanced or consolidated into joint accounts.

Why legal guidance matters

Because debt division depends not just on timing, but also on purpose and fairness, it can get complicated quickly. A skilled family law attorney can help uncover hidden or unknown debts, show whether certain obligations should be divided or kept separate, and advocate for a division that protects your financial stability.