Legal Question in Family Law in Utah

Allocation of debt after divorce.

I am getting a divorce and we are planning on dividing our debt 50/50. I think this if fair for the debt that we accrued while we were married. However, she has over $12,000 in debt (student loans) from BEFORE we were married. My question is this: if a judge were to order us to each to pay 50% of the debt, would the $12,000 she accrued BEFORE we got married be considered part of this? In other words, do I really have to pay half of the debt she accrued during a period of time when I did not even know her?

P.S. She accrued this debt while living in Florida, but we now live in Utah.

P.P.S

She has vastly greater earning potential than I.


Asked on 2/11/09, 10:48 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Allocation of debt after divorce.

Her debt is premarital and should not be included in the 50-50 division - unless you used marital assets to pay your premarital debt.

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Answered on 2/12/09, 10:08 am


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