Who is responsible for paying debts in a divorce?

In California, the responsibility for paying debts during a divorce is dependant upon the type of debt. If a debt was taken out by both spouses, it will be divided between them, although the responsibility may be allocated to one spouse solely if it is a debt used for the benefit of both. In the event that all debts were taken out by one spouse only, that individual will be responsible for the debt. Furthermore, any separate debt taken out by either ex-spouse before the marriage will remain with only that individual. Those who enter into a divorce with high debt must also keep in mind that credit rating plays an important role in the division of debt. The court may decide to leave a debt with the spouse having the better credit rating in order to ensure that the debt is paid in full. In addition, it is important to consider the division of assets. If an asset, such as a home, is owned the two ex-spouses, the debts associated with that asset must be divided in accordance with the asset. In this event, each spouse would be responsible for paying off their portion of the debt. Ultimately, who is responsible for paying off debts in a divorce will depend on the individual case. However, there is an exception to this rule: alimony or spousal support payments are not typically considered to be debts. In California, each spouse is responsible for paying their own separate debts, regardless of how they were acquired.

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