Debt Division In Missouri Divorces

Marriages are a romantic and emotional relationship, but it also has financial implications. During a marriage, a couple may acquire not just assets, but also debts. If you’re getting a divorce, you may wonder how your debts will be divided. Depending on when the debts were acquired and how these debts are characterized, those answers can differ.

Missouri is a state that looks at marital debt by the rule of equitable distribution. This is also the way assets and property are looked at as well. What this rule means is that a judge will determine who is responsible for what debts by what seems most fair. 

Equitable does not mean equal, so the court will consider things like how long the marriage lasted, who is getting custody of the children, how the parties conducted themselves during the marriage, each spouse’s individual economic situation and what other property (marital or non-marital) the spouse is getting in the divorce settlement. However, if the two parties are able to reach an agreement about how to divide their debts in the divorce, this helps them maintain some control of the outcome rather than leaving it in the hands of a judge. 

Dividing debt can be one of the most contentious issues that must be resolved, so an agreement may not be reached. That’s when the court would step in & make the decisions.



In Missouri, debts, properties, and assets can be categorized in one of three ways during a divorce.

 1. Separate Debts

 This would include anything acquired by a spouse prior to the marriage. Usually this is not subject to the divorce & will remain the responsibility of the party who acquired it.

 2. Marital Debts

Regardless of whether one or both spouses’ names are on the debt, this is anything acquired during the course of the marriage & must be divided during a divorce.

3. Commingled Debts

This means that something that used to be a separate debt became a marital debt at some point during the marriage. This could include a car loan taken out by one spouse before the marriage but was subsequently paid for with marital funds during the course of the marriage. Other potential types of commingled debts could be mortgages, personal loans, medical debts, credit card balances, tax debts and business loans.

One exception to this would be if your spouse took out a debt without your knowledge & from which you received no benefits. In that case, your attorney may be able to argue that it should not be your responsibility.

Student loans are not so cut and dry because it depends on when the loans were taken out. If the loans were taken out prior to the marriage, they remain the sole responsibility of that party to repay. However, if a spouse co-signed a loan or the loan was taken out during the course of the marriage and was used to pay living expenses while they were attending school, that could result in it being considered a marital or commingled debt in the divorce.

Prenuptial and postnuptial agreements may also come into play in debt division if they were signed by the couple. A prenuptial agreement is an agreement signed prior to marriage, while a postnuptial agreement is signed at some point during the marriage. These are typically enforced in Missouri as long as they were entered into freely, all financial disclosures were made prior to signing and they are reasonable in nature. A person contemplating marriage to someone with significant financial debts may want to consider signing a prenuptial agreement. During a marriage, a postnuptial agreement may be a good idea if one spouse is taking on substantial debts. These will ensure that debts are divided according to the couple’s wishes in the event of a divorce when emotions run high, and agreements are more difficult to come by. They can also ensure that specific debts do not become commingled debts, but rather, separate debts, even if they’re acquired during the marriage.

If you’re considering a divorce, it’s important to find an experienced attorney to help guide you through this process and give advice on complex issues like debt division. Daniel Finder at Finder Law has over a decade of experience providing effective and aggressive legal counsel to clients going through a divorce, as well as other family law matters. He can help you navigate this stressful process and fight for your best interests.

Call us today to schedule a consultation and get started on your case.