How is the division of debt determined?

In California, the court divides debt between divorcing spouses in accordance with the principle of community property. According to this principle, any debts that are acquired during the marriage are the responsibility of both parties, regardless of who is assigned the debt in the divorce decree. The court will review the debts to determine which debts were acquired during the marriage and divide those accordingly. The court will look at the date of the debt, the purpose of the debt, and the source of the funds used to pay off the debt. They may also consider the ability of each spouse to pay their portion of the debt. There is no “one size fits all” approach to the division of debt, and each situation is unique. Some debts may be assigned to one spouse to pay in its entirety while others may be equally divided between both. Before the divorce is finalized, the court will require both spouses to submit a list of all debts owed as well as copies of any documents that show the source of funds used to pay each debt. Any debts that were acquired before a marriage will remain the responsibility of the individual who acquired the debt. The court may also order one party to pay for certain debts, such as medical bills, even though the other party is ultimately responsible for the debt. In some cases, the court may also order the parties to refinance or modify a joint debt to ensure it becomes the sole responsibility of one of the divorcing spouses.

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How is the division of debt determined?

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