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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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