Section 15.18 Marital Debts

• Library: Family Law Deskbook and 2014 Supp

B. (§15.18) Marital Debts

The determination of who will be responsible for debts incurred during the marriage is a factor the trial court is to consider in seeking a fair division of marital property. Whitworth v. Whitworth, 806 S.W.2d 145 (Mo. App. W.D. 1991); Levis v. Levis, 713 S.W.2d 561 (Mo. App. E.D. 1986).

Section 452.330.1, RSMo 2000, provides that, in entering its judgment, “the court shall set apart to each spouse such spouse’s nonmarital property and shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors.” Id. (emphasis added).

The allocation of responsibility for the debts of the marriage was a practice that was previously encouraged in cases but not required until the statute was amended to provide for it in 1998. The purpose of allocating the debts between the parties was to ensure an equitable division of the marital estate. Note that § 452.330 does not suggest...