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What happens if we can’t agree on how to divide our debt?

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If spouses are unable to reach an agreement, New York courts step in and apply equitable distribution principles to divide the debt in a manner considered fair, not necessarily equal. The court reviews multiple factors, such as the length of the marriage, each spouse’s income, contributions to the household, and who incurred the debt and for what purpose. The judge has wide discretion, and the process can become complex, particularly if high-value or contested debts are involved. Seeking legal support early in the process can help protect your interests and prepare for potential court intervention.

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