After I file for divorce, am I held liable for any debts that my spouse may incur?

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After I file for divorce, am I held liable for any debts that my spouse may incur?

Asked on January 2, 2012 under Family Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired during marriage.  This includes income and debts incurred during marriage.  Each spouse has a one half interest in community property.

Separate property is property acquired before marriage or after the marriage ends.  This includes income and debts incurred before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Debts incurred by your spouse after divorce are your spouse's separate property and you are NOT liable for those debts.

If a debt was incurred by your spouse during marriage, it would be community property and you would remain liable for a community property debt.

If you get calls in the future from collection agencies for a debt incurred by your spouse after divorce, tell them you were divorced and therefore you are not liable for the debt.


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