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What constitutes marital debt?

Marital debt is another element involved in property settlement and equitable distribution. Debts from a marriage include the obvious things like mortgages and car loans, medical expenses and credit card balances. Marital debt can encompass a broad range of other possibilities as well. As with assets, debts pre-existing your marriage are not generally considered marital debt, and some debts incurred during the marriage are not always a part of debt distribution. Examples of pre-existing debt can include student loans, some types of credit card debt and other loans. It is important to evaluate the way your marital debt was acquired, and to analyze how those resources were used to make real determinations about distribution. Your attorney will help you decipher your marital debt and ensure it is properly being considered or omitted within the context of equitable distribution of marital debt.

John Fernandez is a lawyer experienced in investigating and analyzing financial assets and debts of all kinds. This vast experience in negotiation of complex financial matters will be of great benefit to you when your property settlement analysis begins. John will help you ensure there are no surprises and your entire financial portfolio is considered and distributed fairly.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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