Can I get my spouse to pay for half of the credit card debt for our honeymoon and alcohol tab from the wedding?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get my spouse to pay for half of the credit card debt for our honeymoon and alcohol tab from the wedding?

We got married in July and I found out she had been cheating on me in November. The honeymoon and alcohol tab were both paid for on my credit card. They were also paid for before the marriage took place and they

both could have been canceled.

Asked on January 28, 2019 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the debt had been incurred during marriage, then since CA is a community property state, it would be half her debt--all debts incurred during marriage are the debts of both spouses (as assets acquiredd during marriage blong to both spouses). So if incurred during marriage, if you divorce, the debt will be half hers.
But you write that they were "paid for before the marriage took place": in that case, they are your debt alone, because you chose to incur them on your own credit card (rather than you each paying half) before being married, so before the community property/community debt rules came into play for you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption