In Missouri, divorce courts use equitable distribution to divide property and debts. That means they look at what’s fair, not what’s equal. Even if only one of you incurred the debt, the courts may still consider it marital. The key is whether you or your spouse took on the debt during the marriage and if both of you benefited from it.
Marital vs. separate debt: Know the difference
Not all debt is treated the same. If either you or your spouse used a credit card to pay for groceries, kids’ clothes or home repairs, it’s likely marital. But if one spouse racked up charges on a solo vacation or used a loan to fund personal hobbies, that debt may be theirs alone. The court will look closely at how and why the debt was created.
What the court considers fair
Missouri judges look at several things when dividing debt. They’ll consider your and your spouse’s income, financial needs and who can realistically afford to pay. They will also look at who holds more assets and whether one spouse wasted or misused funds. This helps them make a decision that feels just to both you and your spouse.
You can reach your own agreement
It’s not all up to the judge. If you and your spouse can agree on how to divide the debt, you can present your plan to the court. Judges usually approve agreements that appear fair. This can save time, reduce stress and give you more control over the outcome.
Build a strong case with clear records
Whether you’re negotiating or going to court, good documentation is key. Collect statements, loan agreements and receipts. Show when the debt was incurred and who benefited from it. The clearer your records, the easier it is to make your case.
Remember: Fair doesn’t always mean equal
Dividing debt in a Missouri divorce isn’t just about numbers. It’s about fairness and context. With the right information and preparation, you can walk away with a result that feels reasonable– and a plan to move forward.
