Divorce is a difficult and emotional process, and the division of assets and debts can be a major source of stress for the parties involved. In Louisiana, a community property state, marital debt is subject to equitable distribution during divorce proceedings. This means that debts incurred during the marriage will be divided fairly between the spouses, regardless of who incurred the debt. In this article, we will take a closer look at Louisiana divorce laws regarding debts incurred during marriage.

Community Property State

Louisiana is one of only nine community property states in the United States. This means that all property and assets acquired during the marriage are considered to be jointly owned by both spouses, regardless of who acquired them. The same principle applies to debts incurred during the marriage. Any debt that is acquired by either spouse during the marriage is considered to be a joint debt of the marital community.

Marital Debts

Marital debts in Louisiana typically include anything that was incurred for the benefit of the marriage, including:

• Mortgage and home equity loans
• Car loans
• Credit card debt
• Student loans
• Medical debts
• Business debts

It is important to note that debts incurred prior to the marriage are generally not considered to be marital debts. However, if those debts were paid off during the course of the marriage, then they may be considered to be marital debts to the extent that the payments reduced the marital assets available for division.

Equitable Distribution

In Louisiana, marital debts are subject to equitable distribution during divorce proceedings. This means that the debts will be divided fairly between the spouses, taking into account a variety of factors such as:

• The income and earning potential of each spouse
• The amount of debt each spouse incurred during the marriage
• The length of the marriage
• The standard of living established during the marriage
• The age and health of each spouse
• Any prenuptial or postnuptial agreements in place

Exceptions

There are some exceptions to the general rule that marital debts will be divided equally in Louisiana. For example, if one spouse incurred debt for a purpose that was not related to the marriage, then that debt may be assigned solely to that spouse. Similarly, if one spouse incurred debt through fraud or misrepresentation, then they may be held solely responsible for that debt.

Conclusion

Divorce is a difficult and emotional process, and the division of assets and debts can be a major source of stress for the parties involved. In Louisiana, a community property state, marital debt is subject to equitable distribution during divorce proceedings. This means that debts incurred during the marriage will be divided fairly between the spouses, regardless of who incurred the debt. It is important to consult with an experienced divorce attorney to ensure that your rights are protected and that your debt is divided fairly during divorce proceedings.