How is the division of debt determined?

In Kansas, the division of debt between divorcing spouses is determined by the court. The court must consider several factors when deciding how to divide debt, including the length of the marriage, the age and health of the spouses, each spouse’s earning capacity, and any other factors deemed to be relevant. The court’s primary goal is to reach a fair and equitable division of debt. This means that the court looks at the circumstances of the marriage as well as each spouse’s ability to pay the debt. For example, if one spouse has significantly higher income than the other, the court might award more of the debt to the higher-earning spouse. The court may also consider the source of the debt. If the debt is for a joint purchase, such as a house or car, it is typically split equitably between the spouses. On the other hand, if the debt is solely for one spouse’s benefit, such as student loans, it is not necessarily divided between the spouses. In cases of divorce, it is important to remember that the court’s first priority is to recognize the fair and equitable division of debt between divorcing spouses. Thus, it is important to provide the court with any and all evidence that shows how debt should be divided in a fair and equitable manner.

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