I have incurred credit card debt and student loan debt during my marriage. Does my spouse have to pay any of this if we get divorced?

Yes, more than likely your spouse will be responsible for at least some part of the debt. In NC, property is distributed by a process called Equitable Distribution. Fault is not considered and it is presumed that an equal distribution of the marital property is a fair distribution unless proven otherwise. In order to distribute the property, the court must:

1. Classify the property as Marital, Separate, or Divisible Property
2. Give the property a value
3. Distribute only the Marital and Divisible property to each spouse

How do I know the difference between Marital, Separate and Divisible Property?

Marital Property: property purchased or received during the marriage and before you all were separated. This includes debt, property, pensions and income received during the marriage.

Divisible Property: property received after separation but before the final divorce when either spouse

• acted to earn the property during the marriage 
• i.e. bonuses or commissions earned during the marriage but received after separation 
• changes in marital debt including finance charges and interest 
• appreciation and depreciation in the value of property 

Separate Property: property owned by either spouse before the marriage or received during the marriage by gift or inheritance. You get to keep this property and it is not distributed during a divorce.

Remember, your spouse may also have a right to the income that you've earned during the marriage as a result of your shiny new diploma that created this student loan debt. However, he/she has no right to the actual professional license itself. 

Check out my blog regarding NC's Source of Funds Rule if you have questions about the classification of your property after its sold. For specific questions, contact me at (919)321-6569, nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC