Who is Responsible for Debts?
Generally, like the division of assets, debts incurred during marriage are divided equally. Separate debts are normally those that are incurred prior to marriage or after the date of separation and are assigned to the debtor spouse. However, like the division of assets, the characterization of debt is not always clear and there are exceptions to the equal division rule. For example, if the community debt exceeds total community assets, the Court is permitted to assign more community debt to one spouse if it is more likely that they will be able to pay off the debt. Furthermore, determining the date of separation can be complicated, and has a significant effect on the assignment of debt. As such, having an experienced attorney assist you in defining the date of separation can have an enormous impact on the outcome of your case.