230 Park Avenue 3/4 Floor West, NY 10169   |  844-523-3832 (844 Debt). |   (917) 893-4517 |   |   en Spanish

Divorce Debt

The heartbreaking reality of divorce affects all involved as the parties face financial difficulties at the end of a marriage, especially divorce debts. Multiple factors can contribute to divorce debts and are unavoidable. These debts are difficult to recover, and you wonder if you don't have too much debt to divorce. Here are some of the debts that inevitably come with a divorce:

Changes in Household Debt

Depending on the financial situation of each of the families involved, the household will experience change after the divorce. What was usually a two-income household has now changed to two single-income households. Living in separate homes, both parties' lifestyles are affected, and they will have to downsize to ensure they can support themselves without financial support (from each other) and avoid or minimize divorce debt. Adjusting to the new situation, regular expenses can lead to a pile-up of debt because individuals may not be able to sustain themselves on their own.

Splitting the Marriage Debt

You already know that in a divorce, assets are divided, but who is responsible for this? In addition to dividing the assets, debt is also divided. In most cases, the court divides assets and debt and gives both spouses the responsibility of paying debt balances. The amount of debt to be paid by a spouse varies depending on the assets distributed. If one party receives more property, they may be required to shoulder more debt to create an overall balance of division. Divorce laws vary by state, so unique circumstances may determine how debt is distributed. And if there was a prenuptial agreement, one party could leave the relationship with more debt than they started with.

Debt for Legal Expenses

It's easy to accumulate debt in a divorce, especially through attorney fees and other legal expenses accrued by both parties. When working through assets or custody details, formal legal services become necessary to work through logistics. It is common for spouses to accumulate thousands of dollars in debt to settle a divorce proceeding, especially if there are disputes. Most of the time, each spouse pays for their own legal bills. However, there are some situations in which one spouse has to pay the legal bills of the other.

Other Divorce Experts

Apart from hiring a divorce lawyer, sometimes experts are hired as tax advisors, appraisers of real estate, child custody evaluators, or mediators. In these cases, the experts may need to present documentation and testimony to the court, thus increasing the cost even more. And with other court costs to be covered and added to the existing cost, the couple's savings are depleted.

Paying Child Support after Divorce

A divorce agreement determines the amount of child support to be paid each month, and even with support, this can lead to debt problems. A newly divorced parent is trying to settle into a new household and keep up with the costs involved. Also, the person who pays child support has to pay for this extra cost. When moving to a one-income household, this quickly adds to the divorce debt.

can change lifestyles altogether, and sometimes a career change is warranted to support the new lifestyle. For example, if a spouse was the stay-at-home parent, that parent now needs to step into a career since they are no longer provided for. The change impacts income levels, affecting costs. In addition, limited career history and experience limit earning power in the workplace. As an adult, taking on an entry-level job leads to underemployment, which results in the accumulation of significant debt.

Setting up New Household

The cost of living has now increased significantly for spouses who move out to live in separate households from a single household. There are new mortgage or rent payments to contend with, plus new furniture, bedding, dishes, TV, food, and more. Even though the physical assets of each partner were split, they still need the same household goods and services as before.

Moving Cost after Divorce

Depending on how assets are divided, one person will accrue the cost of moving out of the family home while the other person stays on. But in some cases, the court determines that the home must be sold, and both parties must take on the debt of moving trucks, moving labor, and the first month's deposit for their rent, etc.

In addition to the emotional trauma, divorce forces significant debt on the parties involved. It is not the end of the world, however. Learn about the numerous options for paying off your debt, such as debt consolidation, to help you pay off what you owe and get your life back on track.

Frequent questions

.............................

It all depends on your personal debt situation. A decline can occur in the initial stage of the debt relief process but as your debt is paid off, it should rise and within 24 to 48 months your credit score will fully recover or vastly improved.

However, if you apply for Chapter 7 or 13 bankruptcies for your credit cards, that credit report will stay in your file always. The report will stay on your credit report for 10 years when you file for Chapter 7, while Chapter 13 it’s 7 years. Your credit score will always be affected if bankruptcy remains in your file.

Debt relief reduces your balance as your debt is negotiated down, allowing you to pay less than you owe. The creditor forgives your remaining balance in a settlement transaction. Debt consolidation combines all your debts into a single loan so you only have a single monthly payment to make, mostly at a reducing balance of interest. A higher credit score is typically required.

A DIY approach is good when you are doing home renovations, but you should take no such risk with your debt repayment plan. The status of your finance has a long lasting impact on your lifestyle. Your debt relief agency will take care of every area of your debt negotiation to overcome the roadblocks to your financial freedom.

There is always a slight possibility that they might, but lawsuits are costly and time consuming, so creditors try to avoid them. Your debt negotiator will speed up your program to avoid a lawsuit.

Well that depends. Creditors will issue a 1099-C form if you have forgiven debt exceeding $600, and that forgiven debt counts as income for you. If you have more liability than assets at the time of settlement, you may not need to pay taxes.

Now that depends on how quickly you can build up your funds to save for the settlement offer. You will get out of debt quicker if you can save substantial amount real quick. The program takes 24 to 48 months, contrastly, if you only make minimum payment on your credit card you will likely be in debt for the next 10 to 20 years and can pay back up to 4 times the amount you borrowed.

No. Not if it’s enrolled in the program being negotiated. The creditor would have closed your account after you have missed some payments. Based on your current status, your debt expert will guide you to the next plan of action.