Northern Virginia Family Law Attorney Focuses on Divorce

Arlington, Virginia Divorce Law Firm Helps Couples Sort Out Marital Debt

The stress of a divorce is often further accentuated by the uncertainty of the financial consequences faced by the parties. Virginia’s divorce laws seek to promote fair and equitable results regarding financial issues, either through agreement or court intervention.

Virginia is one of 40 states that have adopted an equitable distribution law for dividing marital property and debts in divorce. Marriage is considered an economic partnership, and to help ensure a fair division of property and debts, Virginia law requires that both be classified as either marital, separate, or part marital and part separate:

• Marital debt is all debt incurred in the joint names of the parties before the date of the separation of the parties, if at least one of the parties intends for the separation to be permanent, and all debt incurred in either party’s name after the date of the marriage and before the date of the last permanent separation of the parties. If a party can show by a preponderance of the evidence that the debt was incurred for a non-marital purpose, the court may designate it as a separate debt, or part marital and part separate.
• Individual debt is all debt incurred by either party before the marriage, all debt incurred by either party after the date of the last permanent separation of the parties. However, if a party can show through convincing evidence that a debt was incurred for the benefit of the marriage or family, the debt may be considered marital.

Virginia courts have no authority to order the division or transfer of separate or marital debt that is not jointly owed, but may have the authority to apportion and order the payment of the debts of the parties that were incurred prior to the dissolution of the marriage.

Contact an Experienced Virginia Family Law Attorney Today

Claudia Zucker has nearly 25 years of experience with Virginia divorce issues, including distinguishing between marital and individual debt. Contact the Law Offices of Claudia Zucker online or call (703) 596-1005 to schedule your initial consultation today.