Skip to content
We're Available for Remote Meetings to Safely Serve Our Clients


Orange County Family Law Attorney

Typical California Divorce Settlements about Debt

Maggio law firm, California family law attorney, California divorce attorney, typical divorce settlements, divorce and debt in California, California divorce settlement, division of debt in California divorce, final divorce decree

When attempting to come to a California divorce settlement, many issues must be resolved. One of the most heavily debated issues for California couples calling it quits is how to divide debt.

What are Typical Divorce Settlements About Debts in California?

In many cases, issues regarding the division of debt are easy to resolve. The typical divorce settlements either divide community debt by assigning it to one spouse as an offset for receiving a more significant asset, cause the debt to be paid through the settlement before the final divorce decree, or divide the debt 50/50. In cases where the debt is divided equally or assigned to an ex, the other party in the case should consider security measures to protect themselves from the negative repercussions of their spouse failing to pay the debt once the divorce is final.

Debt division during California divorce can be a complicated area of law, but there are some primary goals.  

1.    Determining the type of character of the debt (joint or separate)

2.    Whether either spouse is entitled to reimbursement

3.    How to make a fair division

An Overview of the California Division of Assets and Debt:

As a community property state, California divorce courts generally consider assets acquired during marriage and debts incurred during the marriage to be jointly held. Unless the spouses involved entered into their own agreement regarding the division of property and liabilities (such as a prenuptial agreement), a court order would require community property and debts divided 50/50 with the goal being an equal division. The fair division rule will be set aside in cases that involve community debt that outweighs the value of the marital property. In these circumstances, California courts are allowed to order an unequal division by assigning excess debts to the spouse who is in a more stable financial situation.

If you need more information about the division of debts and assets in a California divorce, you can get in touch with the experienced divorce attorneys at The Maggio Law Firm. We are your advocates in the California legal system.



divorce lawyers in Orange County; The Maggio Law Firm

How to Prepare For Your Divorce Hearings At The Courthouse

Family court for divorces can be quite a scary place particularly for all those people who are in it for the first time in their lives. The success of a…

Orange County divorce lawyers; The Maggio Law Firm

Top 5 Things To Avoid Doing When Planning To Divorce

Anyone who has had a divorce will tell you that it is a tough process. The couples are often tensed and they often make unwise decisions due to emotions running…

Top Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Best Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Schedule a consultation