My wife and I separated earlier this year and she moved out of the home. Because she moved out, do we still have to split any debt created by the separation 50/50 when the divorce is final?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
The division of community debt is not necessarily split 50/50 upon divorce. There are factors that affect how the court will assign debts to a particular spouse.
One factor the courts may consider is which spouse created the liability. Courts commonly assign liabilities created during the spouses’ separation to the spouse who created them.
Also, any liabilities that can be identified as a spouse’s separate property should be confirmed as such and the debt should fall on that spouse.
Therefore, all debts are not presumed to be split 50/50 when the divorce is final, as there is a good chance that any liabilities incurred by you and your spouse since your separation can be assigned to the person who incurred the debt.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.