When couples think about property division in divorce, they often focus on assets like homes, retirement accounts, and savings. But just as important—and often more stressful—is how debt is divided. Credit cards, loans, and other financial obligations can significantly affect each spouse’s post-divorce stability.
At the Law Office of Stuart E. Bruers, based in Torrance, California, and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help clients understand how California courts divide debt and how to protect themselves from unfair financial burdens.
Community Debt vs. Separate Debt
Just like assets, debt in California is classified as either community debt or separate debt.
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Community debt generally includes obligations incurred during the marriage, regardless of which spouse opened the account or signed the loan.
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Separate debt typically includes obligations incurred before marriage or after the date of separation, as well as debts tied to separate property.
In most cases, community debt is divided equally between spouses. Courts in Torrance, Long Beach, and Pasadena start with the presumption that both parties share responsibility for debts accumulated during the marriage.
Common Types of Debt Divided in Divorce
Debts commonly addressed during divorce include:
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Credit card balances
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Auto loans
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Mortgages and home equity lines of credit
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Personal loans
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Tax liabilities
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Medical bills
Even if a credit card is in one spouse’s name alone, the balance may still be considered community debt if it was incurred for marital purposes. At the Law Office of Stuart E. Bruers, we carefully examine when and why each debt was incurred to ensure proper classification.
When One Spouse Is Assigned a Debt
In a divorce judgment or settlement, the court may assign responsibility for specific debts to one spouse. However, it is critical to understand that creditors are not bound by divorce orders. If both spouses are listed on a loan or credit account, the lender can pursue either party for payment, even if the divorce decree assigns responsibility to just one spouse.
For this reason, our firm often advises clients to refinance, pay off, or close joint accounts whenever possible to reduce ongoing financial risk.
Debt Incurred Through Misconduct
Not all debts are treated equally. If one spouse incurred debt through excessive or reckless spending—such as gambling, substance abuse, or spending unrelated to the marriage—the court may assign that debt solely to the responsible spouse. This concept, sometimes referred to as waste or misappropriation, can be a critical factor in achieving a fair outcome.
Attorney Stuart E. Bruers brings over 30 years of family law experience to identifying and addressing these issues, particularly in contested cases where financial misconduct is alleged.
Planning for a Clean Financial Break
Dividing debt is about more than assigning balances—it’s about ensuring both parties can move forward without lingering financial entanglements. Judges across Los Angeles and Orange Counties expect realistic, enforceable plans that reduce future conflict and protect both parties’ credit.
Take the Next Step
If you are facing divorce and have concerns about credit cards, loans, or other marital debts, contact the Law Office of Stuart E. Bruers today. We represent clients throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities, providing experienced guidance to help you protect your financial future.