Who’s Stuck with the Debt? Joint Debt Division in Ohio Divorce

You’re already heartbroken about the end of your marriage—now you’re terrified you’ll be left holding the bag on debt you took on together. Credit cards, loans, maybe even the mortgage; it can feel like everything is crashing down at once.

At Fout Law Office, our lead attorney has been guiding people through emotionally and financially complex divorces since 2008. During that time, we’ve helped countless couples divide their property and debts fairly and amicably. This post will explain how joint debt works in Ohio divorce law, how it’s divided, and how you can protect yourself during this challenging time.

What Kinds of Debt Are Considered “Joint” in Divorce?

The average married couple has $112,627 in debt. Understanding which debts are typically shared can help ease some of your anxiety. Joint debt generally includes:

• Mortgages and car loans: Loans tied to property purchased together during the marriage are part of the division process.  
• Credit card balances: Balances used for shared living expenses, such as groceries, utilities, and family vacations, are typically considered marital debt, even if only one spouse’s name is on the account.  
• Personal loans: Loans taken out during the marriage for household needs or joint purchases are also considered marital debt.  
• Student loans: These can be more complex, as courts evaluate who benefited from the education and how it impacted the family’s financial situation.

How Ohio Divides Debt: The “Equitable Distribution” Rule

Ohio courts don’t split everything 50/50; they divide debt fairly based on your specific situation. This legal principle, known as equitable distribution, means that judges consider what is just and reasonable for both parties.

The court examines who can reasonably pay and who benefited from the debt, not just whose name appears on the bill. This approach offers more protection than you might think, especially if your financial circumstances have changed significantly during or after your marriage.

What Courts Consider When Splitting Joint Debt

Ohio judges evaluate several key factors when determining fair debt allocation:

• Length of the marriage: Longer marriages often involve more intertwined finances, which can impact decisions.  
• Each spouse’s ability to pay: The court considers the financial impact of a spouse having to live on one income.  
• Health and earning capacity: If one spouse requires time to recover professionally, this is taken into account in the decision.  
• Who keeps the asset tied to the debt: Typically, the person who receives the asset also takes on the debt associated with it.  
• Who benefits from the debt: This is particularly important for debts such as student loans or business expenses, where courts aim for fairness rather than punishment.

Tips to Help Protect Yourself and Divide Debt Fairly

Taking proactive steps can significantly improve your outcome:

Pull all your credit reports so nothing gets overlooked during negotiations. Hidden accounts or forgotten debts can derail settlement discussions if discovered later.

Don’t agree to anything without legal advice, especially if you feel pressured by your spouse or their attorney. What seems reasonable in the moment may prove financially devastating later.

Consider freezing joint accounts to prevent additional debt accumulation during proceedings.

Document how debts were used throughout your marriage. Receipts, statements, and records that distinguish between household and personal expenses can significantly strengthen your position.

Work with an experienced attorney to negotiate manageable terms before going to court. Many debt division issues resolve more favorably through skilled mediation than courtroom battles.

You Deserve a Fresh Start, Not Unfair Burdens

Divorce carries enough emotional weight without worrying you’ll be buried in debt you can’t pay. Ohio’s equitable distribution laws provide more protection than many people realize, especially when you have knowledgeable legal representation.

If you’re facing divorce and fear being stuck with unmanageable debt, reach out to Fout Law Office. We’re here to help you achieve the fair outcome you deserve and guide you toward that fresh start you need.