Louisiana Debt Division Calculator

Louisiana divides marital debt equally under community property law. Revised Statute 9:2801 requires courts to allocate community liabilities so each spouse receives property of equal net value. Under Civil Code Article 2361, all debts incurred during marriage are presumed community obligations—mortgages, credit cards, auto loans—regardless of whose name is on the account. Courts may deviate from 50/50 division based on the nature of the debt and each spouse's economic condition.

Yes, in most cases. Under Louisiana Civil Code Article 2360, debts incurred for the common interest of spouses are community obligations—meaning both spouses share responsibility equally. Article 2363 creates exceptions: debts from before marriage, intentional wrongs, or solely for one spouse's separate property may remain separate obligations. Even credit cards in only one spouse's name are presumed community debt if incurred during marriage.

Credit card debt incurred during marriage is presumed community debt under Article 2361, divided equally regardless of whose name is on the card. Joint credit card balances are split 50/50 between spouses. However, Louisiana courts may assign credit card debt separately if it resulted from marital waste—such as a spouse racking up charges for infidelity or spite purchases during divorce proceedings.

Student loans taken during marriage are community debt in Louisiana, even if only one spouse attended school—both spouses share 50% responsibility. Pre-marriage student loans remain separate obligations. In Gisleson v. Deputy, Louisiana courts ordered reimbursement of $85,000 when community funds paid pre-marital education debt. Prenuptial agreements can override these rules and keep student loans with the borrowing spouse.

Mortgages taken during marriage are community debt divided equally. However, removing a spouse requires refinancing—a quitclaim deed transfers ownership but not mortgage liability. Both spouses remain legally responsible to the lender until refinancing occurs. If one spouse keeps the home, courts may offset their larger debt allocation with other assets to achieve equal net value distribution required by R.S. 9:2801.

Yes. Louisiana R.S. 9:2801 explicitly states that allocating a debt to one spouse obligates them to pay it, but creditor rights remain unaffected. If your ex-spouse fails to pay a joint debt assigned to them, the original creditor can pursue you for collection—divorce decrees do not bind third-party creditors. Protect yourself by refinancing joint accounts or negotiating creditor releases during divorce.

Medical debt incurred during marriage for healthcare benefiting the family or either spouse is community debt under Article 2360, divided equally. This includes hospital bills, surgery costs, and ongoing medical treatment. Medical debt from before marriage remains separate. Courts consider whether the healthcare benefited the marital community when classifying medical obligations as community or separate debt.

Filing joint Chapter 7 bankruptcy before divorce often provides the cleanest fresh start when significant community debt exists. Chapter 7 typically completes in 4-6 months—faster than most divorces. However, waiting until after divorce may improve Chapter 7 eligibility under the means test if your post-divorce household income drops significantly. Child support and alimony obligations cannot be discharged in bankruptcy regardless of timing.