Sued During a Divorce? Is a Judgment Against You Marital Debt in Ohio?

You get sued. A creditor gets a judgment.

And suddenly the big question is: Does my spouse have to share this debt—or is this all on me?

Like most things in divorce law, the answer in Ohio is: it depends, but the why matters more than the when.

First: What Is “Marital Debt” in Ohio?

Ohio courts don’t just divide assets—they divide debts too. A debt is generally considered marital if it was:

• Incurred during the marriage, and

• For a marital purpose (supporting the household, family expenses, joint obligations)

But a debt can be incurred during the marriage and still be separate.

Judgments During Divorce: Timing Alone Isn’t Enough

Many people assume: “If the judgment happened during the marriage, it must be marital.”

That’s wrong.

Ohio courts look at:

• Why the debt exists

• Who benefited

• Who caused it

• Whether it was reasonable

Not just the date on the judgment.

When a Judgment Is Likely Marital Debt

A judgment is more likely to be treated as marital if it arises from:

• Joint credit cards or loans

• Household expenses

• Medical bills for the family

• Taxes incurred during the marriage

• Business debts where both spouses benefited

Even if the judgment is only in one spouse’s name, a court may still allocate it between both parties.

When a Judgment Is Likely Separate Debt

A judgment is usually treated as separate if it stems from:

• One spouse’s intentional misconduct

• Personal lawsuits (assault, fraud, harassment, etc.)

• Criminal behavior or fines

• Post-separation conduct that did not benefit the marriage

• Business activity that solely benefited one spouse

  
  

Courts are especially reluctant to make one spouse pay for the other’s bad behavior.

A Big Warning: Divorce Orders Don’t Bind Creditors

Here’s the part people miss. Even if a divorce decree says: “Spouse A is responsible for the judgment,” The creditor can still pursue whoever is legally liable under the judgment. That means:

• Your divorce order controls between spouses

• It does not erase liability to third parties

If your ex doesn’t pay, you may have to—and then seek reimbursement later.

Why This Comes Up So Often During Divorce

Judgments frequently appear mid-divorce because:

• Creditors rush to secure their position

• Parties stop paying joint debts

• Lawsuits that were pending finally conclude

Unfortunately, timing a judgment during a divorce can dramatically affect leverage, negotiations, and outcomes.

The Bottom Line

In Ohio:

• A judgment entered during a marriage is not automatically marital debt

• Courts care more about purpose and responsibility than timing

• Some judgments get divided

• Others stay with the spouse who caused them

If you’re in a divorce and facing a lawsuit or judgment, do not assume it will be split—and don’t assume it won’t.

Facing Divorce With Debts or Judgments?

If you’re dealing with:

• Lawsuits during divorce

• Judgments against one spouse

• Creditors pressing while a case is pending

Getting legal advice early can prevent a bad debt from becoming a permanent problem.

In divorce, debt can matter just as much as assets—sometimes more