What happens to a couple’s debts in a divorce?

The answer is not the same in every case. It all depends on the marital property regime chosen and on the nature of the debt involved.

Under the community of acquisitions regime and the general community of property regime, debts incurred during the marriage tend to be the responsibility of both spouses. The couple’s common assets are used first and, if these are not sufficient, each spouse’s separate assets may also be called upon. There are, however, exceptions, such as the payment of fines or compensation.

Under the separation of property regime, the logic is generally the opposite: each spouse is responsible for the debts they incur. Even so, it is important to pay attention to certain details, such as filing a joint tax return, which may give rise to financial consequences.

Debts incurred after the couple’s factual separation, even if the spouses remain legally married, may, depending on the circumstances of the case, be the sole responsibility of the person who incurred them.

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