How are debts divided in a Pennsylvania divorce?

Last updated October 25, 2026.

Pennsylvania divides marital debts as part of equitable distribution, the same process that divides marital assets. Each spouse lists the marital liabilities as of the date of separation, whichever spouse signed for them, and the court weighs each spouse's liabilities with the other factors in 23 Pa.C.S. 3502(a). The name on the account does not decide who ends up responsible for it.

Debts that came into the marriage, and borrowing after separation, are handled differently, and a loan secured by an asset reduces what that asset adds to the marital pool. For the rest of our divorce and family work in Media, see our family law page.

How are debts handled in a Delaware County divorce, step by step?

Raise the property claim. Debts are divided only inside a claim for equitable distribution. The notice at the front of every divorce complaint warns that a claim for division of property not filed before the decree may be lost (Pa.R.C.P. 1920.71).

List every debt on the inventory. Once a property claim is raised, each spouse files and serves an inventory. It must describe, as of the date of separation, the marital liabilities either spouse incurred alone or jointly, the names of any co-debtors, the liabilities claimed to be non-marital and the reason, and the amount due on each (Pa.R.C.P. 1920.33(a)(3)). The other spouse files theirs within 20 days of being served with the first one (1920.33(a)(1)).

Name the creditors. The official inventory form has a liabilities section with columns for every creditor and every debtor on each item, valued at the separation date. The form is signed subject to the penalties for unsworn falsification to authorities in 18 Pa.C.S. 4904 (Pa.R.C.P. 1920.75).

Get the statements. Discovery is available without asking the court first in equitable distribution, alimony and counsel fee proceedings (Pa.R.C.P. 1930.5(b)), so loan histories and card statements can be requested from the other spouse.

File the pre-trial statement. At least 60 days before the hearing, unless the court sets another date, each side files a list of liabilities giving the amount, the valuation date, any non-marital portion, the supporting documents and, for each marital debt, the payments made on it after separation (Rule 1920.33(b)(9)).

The hearing officer decides first. The Delaware County family court handbook describes equitable distribution as the division of the marital estate, "including how the assets and debts are assigned to the parties." A hearing officer hears it first and writes a report, and a spouse who disagrees can ask for a new trial before a judge; the stages are set out in what happens at a contested property division hearing in Delaware County. Where each hearing takes place is covered in what to expect in Delaware County family court.

How do the rules treat each kind of debt?

The separation date is the anchor for most of this table: it fixes the inventory date and the balances that go on it. Why that date carries so much weight, and how it is proved, is explained in why the date of separation matters.

What does the court weigh when it assigns a debt?

Section 3502(a) does not have a separate list for debts. The court divides the marital property "in such percentages and in such manner as the court deems just after considering all relevant factors," and it may treat each asset or group of assets on its own. Several of the listed factors bear directly on debt.

Factor (3) names each spouse's "liabilities and needs," along with age, health, income, skills and employability. Factor (5) looks at each spouse's opportunity to acquire assets and income in the future, which matters when one spouse is far better placed to pay down a balance. Factor (7) covers "the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property," so spending that drained marital money can count against the spender. Factor (10) looks at each spouse's economic circumstances when the division takes effect, and factor (10.2) counts the expense of sale, transfer or liquidation, even if not immediate.

The division is made "without regard to marital misconduct." An affair, on its own, does not shift the debt. Money spent on it is a different question, raised as dissipation under factor (7). The full list of factors, and how the hearing officer applies them to assets, is in how property is divided in a Pennsylvania divorce.

A debt can be balanced against an asset rather than split down the middle. The court may distribute property "in kind or otherwise," so one spouse can keep a car and its loan, or a larger share of savings along with a larger share of the cards. The order must state the percentage for each asset or group and the reasons for it (23 Pa.C.S. 3506).

What happens to the house and the mortgage?

The mortgage is listed with the house. Because the part of a home's value that was borrowed against in good faith before separation is not marital property (3501(a)(7)), the marital share is the equity, not the price. The pre-trial statement must list any liens or encumbrances on each asset (Rule 1920.33(b)(1)).

While the case is pending, the court may give one or both spouses the right to live in the home (3502(c)). After a divorce, spouses who held the home as tenants by the entireties hold it as tenants in common in equal shares unless an order says otherwise, and either may bring an action to have it sold. On that kind of sale, liens recorded against both spouses, with interest and docket costs, are deducted from the proceeds, and a lien recorded against only one spouse comes out of that spouse's share (23 Pa.C.S. 3507(a) to (c)). A divorce decree does not change the law on liens against entireties property until the decree, or a certified copy, is recorded in the office of the recorder of deeds of the county where the property sits (3507(d)).

Buyouts, sales and who stays in the home are covered in depth in who gets the house in a Pennsylvania divorce.

What changes the answer?

When the debt was taken on. A balance from before the wedding is listed as non-marital, and the spouse claiming that must give the basis (Rule 1920.33(a)(3)(ii)). The same logic that keeps pre-marriage assets out of the pool is explained in what counts as marital property and what stays separate.

What the money paid for. A loan used to buy or improve marital property is part of preserving that property. Borrowing that wasted marital money can be argued as dissipation (3502(a)(7)).

An agreement. A premarital or postnuptial agreement can exclude property from division (3501(a)(2)), and an agreement may also say which spouse is responsible for which debt; see what a prenuptial agreement can cover.

A business. Company loans, lines of credit and personal guarantees affect what a business is worth and who carries the risk; see what happens to a family business in a divorce.

Debts you did not know about. A spouse who leaves liabilities off the inventory can face sanctions, and may be barred from offering evidence on matters left out of the pre-trial statement (Rule 1920.33(c) and (d)). Missing assets raise the same kind of problem, covered in what to do if your spouse hides money or assets.

Support while the case is pending. Who pays which bill in the months before the hearing often overlaps with a support or alimony pendente lite claim; see spousal support, APL or alimony.

For example: a car loan, two cards and a home equity line

Here is a hypothetical. A couple in Broomall separate after 11 years. They have a joint credit card with a balance of $9,000, a second card in the husband's name alone with $6,000 on it, a car loan in the wife's name for the car she drives, and a student loan the husband had before the wedding. Three months after separating, the husband draws $20,000 from a home equity line on the jointly owned house.

On the inventories, both cards go down as marital liabilities, because both were run up during the marriage; the second one is listed as incurred individually. The car loan is listed against the car, so only the equity counts. The husband lists the student loan as non-marital and gives the balance on the wedding day as his basis. The home equity draw is after the separation date, so it is not on the separation-date inventory at all, and the wife's lawyer asks what the $20,000 paid for.

At the hearing, the wife argues the draw was dissipation under factor (7) and that she paid the joint card alone for a year, which her pre-trial statement shows. One possible outcome is that the husband keeps both cards and the home equity balance while the wife keeps the car with its loan and a larger share of the house equity. This example only illustrates how the rules apply; it does not predict any case.

What mistakes do people make about debt in a divorce?

• Listing only the debts in their own name. The inventory asks for marital liabilities either spouse incurred, individually or jointly (Rule 1920.33(a)(3)(i)).
• Not keeping proof of payments after separation. The pre-trial statement asks for them debt by debt (Rule 1920.33(b)(9)(i)), and bank records are the easiest proof.
• Running up joint cards after moving out. It invites a dissipation argument (3502(a)(7)) and, if it targets marital property, an injunction (3505(a)).
• Assuming the debt is split 50/50. The court divides the estate as it finds just and may use a different percentage for each asset or group.
• Forgetting the liens on a jointly owned home. On a sale of former entireties property, joint liens are paid from the proceeds and a lien against one spouse comes out of that spouse's share (3507(c)).
• Leaving the decree unrecorded. For entireties property, the decree does not change the lien rules until it is recorded with the recorder of deeds where the property sits (3507(d)).

What should I do this week?

1. Write down your date of separation and keep proof of it.
2. Pull a statement for every loan, card and line of credit showing the balance on or near that date, and the latest one.
3. Mark which debts started before the wedding, with the balance on the wedding day if you can find it.
4. Note what each large balance paid for, especially any borrowing after separation.
5. Keep a running record of every payment you make on a joint debt from now on.
6. Bring all of it to a consultation; see what to bring to a divorce consultation.

Frequently asked questions

Am I responsible for a credit card in my spouse's name only?

In the divorce, it can be part of the marital debt if it was run up during the marriage, because the inventory covers liabilities either spouse incurred individually (Rule 1920.33(a)(3)(i)). How it is assigned depends on the 3502(a) factors, including what the money paid for.

Are debts from before the marriage divided?

They are listed as non-marital liabilities, with the basis for that claim and the amount due (Rule 1920.33(a)(3)(ii) and (iii)). The spouse who says a debt predates the marriage should keep the paperwork that shows it.

Who pays the joint bills while the divorce is pending?

Spouses can agree in writing, and support or alimony pendente lite can be set while the case runs. Payments one spouse makes on a marital debt after separation are shown on the pre-trial statement (Rule 1920.33(b)(9)(i)), so the hearing officer can take them into account.

Does it matter who caused the breakup?

No. Marital property is divided without regard to marital misconduct (3502(a)). Spending marital money in a way that wasted it can still be raised as dissipation under factor (7).

Can the court give one spouse more assets to make up for more debt?

Yes. The court may divide property in kind or otherwise, and may apply a different percentage to each asset or group (3502(a)). The order has to state the percentages and the reasons (3506).

What if my spouse does not pay a debt the order assigned to them?

The court can enforce the order: it may enter judgment, attach wages, order a sale, award counsel fees and costs or find contempt (3502(e)). A settlement agreement can be enforced the same way, as though it were a court order (23 Pa.C.S. 3105(a)).

Can we settle the debts ourselves without a hearing?

Yes. Spouses who agree can put the division of assets and debts in a written agreement and finish the divorce on the papers; see whether you can get an uncontested divorce in Delaware County. The court fees for each route are in what a divorce costs in Delaware County.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about dividing debts in your divorce. Evening and weekend appointments are available.