Definition

• Marital property and marital debts are acquired during the marriage by both spouses. Judges will apportion both marital property and marital debts as equitably as possible. Property acquired after the date of legal separation is considered non-marital property, just like assets a spouse acquires prior to marriage. Non-marital debts are debts acquired prior to the marriage or after the date of legal separation.
  
  

Function

• According to Chapter 452 of Missouri's Revised Statutes, courts may consider specific factors when dividing marital debts. Family law judges consider the level of contribution for each spouse during the marriage, the financial and educational circumstances of each spouse, custodial arrangements and conduct during the marriage.
  
  

Division

• Judges do not have to divide debts equally, but they will attempt to divide them fairly, within the judges' discretionary powers. Courts have wide discretion in dividing marital debts and property during divorce proceedings, as determined in "Re Marriage of Vanet," a decision in Missouri's trial courts.
  
  

Jurisdiction

• Since laws may frequently change, you should not use this information as a substitute for legal advice. Seek the advice of an attorney licensed to practice in your jurisdiction.