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What happens to the marital debt, besides getting divided?

Some of your creditors will allow you to transfer or eliminate one spouse for the debt responsible, but this is not the case for all. You both will be instructed by the court to pay a certain portion of the debt and it is assumed that both spouses will do so in a fashion not to incur penalties and harm each other’s credit history. There are steps you can take to help protect yourself from such harm by including a clause in the settlement agreement. If the clause is broken you would have the right to take legal action against your ex-spouse.