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Whose credit card debt is whose in divorce?

CAnewleaf20261 month ago

I have $14k on a card in my name. He has $8k on one in his. Are these split?

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Daniel OkaforVerified Attorney1 month ago

In CA, the timing matters more than the name. Debt incurred during the marriage for community purposes is community debt regardless of whose name is on it. Debt incurred after the date of separation is separate. So $14k accrued during marriage and $8k accrued during marriage — both are community debt, split 50/50. Practical division: each spouse takes their own card (you each keep your $14k and $8k respectively) and a $3k equalization payment moves from one to the other to net it out. Be precise about the separation date on the FL-142 — that's how the line gets drawn.

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Whose credit card debt is whose in divorce?

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