In Colorado, marital debt is also up for division, just like the assets in the marriage. However, just as it is important to determine what assets are joint assets, and what assets are individual assets, it is important to determine what types of debt are individual debt.
It’s important to talk with an attorney before you identify individual debt, because you don’t want to be left saddled, with your partner’s individual debt. The debt that you have brought into the marriage or that you had incurred before you got married, is considered individual debt.
For example, if you had student loans before you got married, these are considered individual loans, and are not subject to division in the event of a divorce. However, some courts may go with the theory that student debt must be considered marital debt, because the other spouse benefits from the higher education leading to higher spousal support/child support. It’s best, however, if your spouse’s student debt, which he incurred before the marriage, is considered individual debt in order to avoid you being held liable for it.
Speak to an attorney about how to divide marital debt during a divorce. Other types of individual debt could include credit card bills. If you had got a mortgage before you got married, that is considered individual debt too.
Any loans incurred by you or your spouse after the marriage are considered marital debt. These could include loans, that were incurred by you or your spouse individually, or those that were incurred by you and your spouse jointly. For instance, credit card debt and mortgage debt could be considered as marital debt if these were incurred after the marriage.
A loan doesn’t have to be titled jointly, for it to be considered marital debt. Even if it is title in one person’s name, it is considered marital debt if it was incurred after the marriage.