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DIVIDING DEBT


Any and all debts incurred during the marriage are considered as community debts and each spouse is responsible for their half. In fact, if you marry a spouse that has debts incurred prior to your marriage you may wind up paying for those too as your earnings while married are community property attachable by your spouses creditors.

The vow you take for "better or worse" means that you share the debts each spouse incurs.

If a spouse files bankruptcy the remaining spouse will be liable for all the debts.

The court has discretion in determining who pays which debt and the amount they have to pay. Remember, a court order in your divorce has no effect on the creditors right to collect its money from either party.

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