Who is responsible for paying debts in a divorce?

In general, during a divorce in North Carolina, the responsibility for paying any existing debts is divided between each spouse according to their contribution to the acquisition of the debt. This means that any debts incurred within the marriage period, such as a mortgage, car loan, or credit card debt, are both the responsibility of both spouses. The court may assign each spouse a different share of the responsibility depending on their income or financial resources. Courts in North Carolina do not take into account fault or blame when determining responsibility for payment of debts in a divorce. The court will usually order the spouse with the largest portion of financial responsibility to pay any joint debts. However, if one spouse has more adequate resources than the other, the court may order the spouse with the greater resources to pay more of the debt. If the spouse with the greater resources does not pay the debt, the other spouse may be held responsible to pay the debt. When determining medical debts or other expenses that are deemed necessary for the welfare of the family, the court will consider several factors such as the income and resources of each spouse, the needs of the children, and the ability and willingness of the spouses to pay the debts. The court may also order one spouse to pay a larger portion of the debt in order to reduce the strain on the other spouse. Overall, when determining responsibility for payment of debts in a divorce in North Carolina, the court takes into account each spouse’s contribution to the debt and their ability to pay based on their resources. Though the court does not take fault or blame into consideration, it may order one spouse to pay a larger portion of the debt in order to reduce the financial strain on the other spouse.

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