What Happens to Debts During a Divorce?

Cindy Best

Arizona Revised Statute 25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. This means that within thirty (30) days after receipt of a written request for information from a litigant (which includes the court name and case number), a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor.

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