What is the spousal debt law in Massachusetts?

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Question:

What is the spousal debt law in Massachusetts?

Answer:

Massachusetts applies an equitable distribution rule to the division of both debts and assets in Massachusetts. This means that when you get a divorce in the state of Massachusetts, if you have not created your own agreement on the division of your finances, the court is going to apply legal rules to try to make the fairest settlement possible. This doesn't mean an equal division of debt and assets- it means a fair one, based on each parties contributions to the marriage, the length of the marriage, and other relevant factors. 

However, while the spousal debt law in Massachusetts dictates equitable distribution, it is important to note that creditors aren't necessarily going to care at all about your divorce decree. If you and your spouse have joint debt- aka your name is somewhere on the account and you took responsibility for the loan, credit card or other debt- then the creditor is going to be able to collect debt from you, no matter what the divorce agreement says. For example, assume your spouse charged a bunch of stuff on a Visa that you two opened together. The divorce decree says he has to pay it, since that is fair since he charged the stuff. However, when you signed up for the card, you took responsibility and the credit card company issued the card in part on the basis of your promise. Thus, the credit card company is going to be able to come after you for that debt if your spouse doesn't pay- and can damage your credit and even sue you while he's doing it. While you could then go back to court to get the court to compel your spouse to pay, the damage would still be done to your finances. 

As such, you need to make sure you take the proper steps to protect yourself. The best way to do this is by hiring a lawyer who can draft a fair agreement that guarantees you won't be held liable for your spouses debt (perhaps by mandating that the debt be paid at the time of the divorce). 

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