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Commonly Asked Questions about Property and Debt Division in Divorce

The bottom line. You are generally not responsible for your spouses credit card debt unless you are a co-signer for the card or youre a joint cardholder on the account. However, state laws vary, and divorce or the death of your spouse could also impact your liability for this debt.
In general, after a divorce, a judge would order that you: Keep your separate property. Divide your community property equally.
New York courts must divide the marital property equitably. That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean equally. There is no statutory requirement of a 50/50 split of marital property.
A spouse who has a higher income, or is awarded more property, may also be assigned more debt. In the nine community property states, debt incurred during the marriage is divided 50-50, though some of these states also have restrictions or other laws that make it more complicated.