Divorce transforms every aspect of your financial life, and one of the most pressing concerns is how your debts will be divided. Many people assume Pennsylvania courts split everything 50/50, but the reality is far more complex and depends on when debts were incurred, their purpose, and numerous other factors the court considers.
The divorce lawyers at Rubin, Glickman, Steinberg & Gifford have guided clients through the debt division process for over 65 years. We help you understand which debts you may be responsible for, protect you from unfair allocation of your spouse’s separate debts, and fight for equitable outcomes during this financially challenging transition.
Pennsylvania’s Equitable Distribution System
Pennsylvania follows an equitable distribution model for dividing marital property and debts. This means courts aim for fair division rather than equal division. The distinction matters because equitable does not always mean splitting everything down the middle. Instead, judges examine multiple factors to determine what constitutes a fair allocation based on your specific circumstances.
The first step in debt division involves classifying debts as either marital or separate. Marital debt includes any obligations incurred during the marriage for the benefit of the marital estate or household. Separate debt typically includes obligations incurred before marriage, or debt acquired after separation.
Credit card debt presents particularly complex classification issues. If you opened a credit card before marriage but used it for marital expenses like groceries, household items, or family vacations during the marriage, those charges may be considered marital debt even though the account predates the marriage. Conversely, charges one spouse made on a joint credit card for certain expenses like gambling, an extramarital relationship, or purchases hidden from the other spouse may not be classified as marital debt.
Factors Courts Consider When Dividing Debt
Pennsylvania law requires courts to consider numerous factors when dividing marital debt equitably. The length of your marriage carries significant weight. Longer marriages typically result in more intertwined financial obligations and may lead to more equal debt division. The court also examines each spouse’s income and earning capacity, recognizing that the spouse with greater financial resources may be better positioned to manage certain debts.
The court evaluates which spouse benefited from specific debts. For example, if one spouse financed professional education or training during the marriage, the court may assign more of that student loan debt to the spouse who gained the career advantage. Similarly, if one spouse accumulated debt, gambling, or supported a substance abuse problem, the court may assign that debt primarily to the responsible spouse rather than splitting it equally.
Other factors include each spouse’s age and health, contributions each spouse made to the marriage, including homemaking and childcare, standard of living established during the marriage, and each spouse’s needs and liabilities. The court may also consider whether one spouse dissipated marital assets through wasteful spending, gambling, or transferring assets to third parties in anticipation of divorce.
Common Types of Debt in Divorce
Mortgage debt typically represents the largest marital obligation. If you sell the marital home during divorce, the sale proceeds pay off the mortgage, and you split any remaining equity according to the court’s distribution order. If one spouse keeps the house, that spouse usually assumes the mortgage obligation, often refinancing to remove the other spouse’s name from the loan.
Student loan debt requires careful analysis of when the debt was incurred, whose education it financed, and how the degree benefited the marriage. Loans taken out before marriage generally remain the borrower’s separate debt. However, loans for education obtained during the marriage may be classified as marital debt, particularly if both spouses benefited from increased earning capacity. The court may also consider whether marital funds were used to pay down student loans during the marriage.
Auto loans follow similar principles to mortgages. The spouse who keeps the vehicle typically assumes the associated loan. Credit card debt accumulated for household expenses, family activities, and children’s needs is usually divided equitably. Business debt requires examining whether the business is marital property, who manages it, and how it will continue operating after divorce.
Medical debt incurred for either spouse or children during the marriage is typically considered marital debt subject to equitable distribution. Tax debt from joint returns filed during the marriage also falls under marital debt classification, though innocent spouse relief may apply in certain circumstances.
Protecting Your Financial Interests
Documentation proves crucial in debt division cases. We help clients gather credit card statements, loan documents, account opening dates, and purchase records to establish which debts are marital versus separate. This evidence allows us to argue effectively for fair debt allocation and protect you from responsibility for your spouse’s separate obligations.
Some spouses attempt to hide debts or accumulate new debt during divorce proceedings to manipulate the distribution process. We investigate suspicious financial activity, review credit reports for undisclosed accounts, and work with forensic accountants when necessary to uncover hidden liabilities. Courts can impose sanctions on spouses who engage in financial misconduct during divorce proceedings.
Prenuptial and postnuptial agreements may predetermine how debt will be divided in divorce. These agreements can designate certain debts as separate rather than marital and specify allocation methods. However, courts may decline to enforce agreement provisions deemed unconscionable or signed under duress, fraud, or without full financial disclosure.
Contact Rubin, Glickman, Steinberg & Gifford for Your Divorce Case
Debt division in divorce requires thorough financial analysis and strategic advocacy to protect your interests. The family law attorneys at Rubin, Glickman, Steinberg & Gifford bring over 65 years of experience to complex property and debt division cases. Amy Stern has been recognized as a Pennsylvania Super Lawyer, reflecting peer recognition for her high level of professional achievement in family law.
We provide compassionate guidance through the divorce process while fighting aggressively for equitable outcomes in debt allocation. Our team has the knowledge and resources to handle cases involving complex marital estates, business interests, and contentious financial disputes. Contact our office today for a consultation about your divorce and debt division concerns.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 15, 2025
