It depends.  Regardless of which spouse was assigned the debt by the property division judgment, the debtor spouse remains personally liable for his/her debts.  Unless the nondebtor spouse was assigned the debt by the property division judgment, he/she is not personally liable thereafter for the other spouse’s debts incurred before or during marriage.  The nondebtor spouse’s separate property may be reached by creditors only if payment of the debt was assigned to the nondebtor spouse in the property division.  For example, if the parties share joint credit card debt and the credit card debt is assigned to one spouse alone, since the debt was in both parties names, despite the provisions of the Judgment, the both parties are equally responsible for that debt, therefore, creditors can come after both parties.  If the debt was assigned to the other spouse, you would have a right to seek reimbursement from the other party to satisfy the Judgment.

As you can see the rules regarding debt and credit card companies when it comes to division of community debt is a very complicated issue that must be addressed by a knowledgeable family law attorney.  Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us wherever you are. If you’re thinking of hiring an attorney for a divorce case, call us today at 1-888-749-7428 for a consultation.