Are Debts a Community Obligation?
There are separate debts and community debts. As with assets, community debts are divided and distributed between the spouses in a dissolution of marriage proceeding. Generally, if a debt was incurred prior to the marriage, it remains a separate debt and isn’t a shared obligation. That is also the case with debts incurred by one spouse after the divorce action is initiated, although there are exceptions. For the most part, any debts that arose during the marriage will be allocated as community debts and, therefore, will be divided equitably between the parties in the divorce.