As part of an action for the dissolution of a marriage, the court must determine the division of the couple’s debts and liabilities – not only division of property.
The court considers the circumstances surrounding each party before arriving at a fair and equitable division. The court looks at the length of the marriage, the finances of each person and the terms of spousal support, if any.
In most cases, one party will be held responsible to pay a debt and hold the other harmless from the responsibility. However, if the party fails to pay that debt, the creditor can still come against the other spouse for collection.
If your spouse does not pay the debt that the court ordered him or her to, you have a right to get a judgment against him or her and collect your costs. Contact an experienced Orange County Family Law attorney who can advise you on what debts are subject to division and how they can be properly divided to protect your interests.