How is debt divided in Arizona?
November 10, 2014

In Arizona community debt is divided equitably, which means fairly. In practice, this often means as equally as possible. But debt does not have to be divided equally even if that debt was incurred during the marriage. People often have the misconception that because a debt is in one spouse’s name alone it means that particular debt belongs entirely to that spouse. Not true. If the debt was incurred during the marriage, it is the debt of both spouses even if the debt is in the name of one spouse alone, unless certain exceptions apply. When it comes to dividing debt that is secured by collateral, typically the spouse who will be keeping the collateral also will be responsible for the debt. For example, if you are awarded a particular vehicle and there is a loan balance that is secured by that vehicle, you most likely will be the spouse who will have to make the payments on that loan.