12. What kind of debts get equalized during separation?
Equalization considers each spouse’s net family property, meaning debts and liabilities are
generally part of the calculation. Common debts considered in equalization include:
mortgages;
lines of credit;
credit cards;
personal loans;
vehicle loans;
tax debts;
business debts personally guaranteed by a spouse;
shareholder loans;
student loans;
judgment debts;
family loans, if genuine and enforceable; and
contingent liabilities, where properly valued.
However, not every alleged debt will necessarily be accepted at face value. The court may
examine whether the debt is legitimate, documented, incurred in good faith, connected to the
family, or artificially created to reduce equalization.