The debts for which the community estate is liable which are unpaid at the time of trial, or for which the community estate becomes liable after trial, shall be confirmed or divided as provided in this part.
Part 6DEBTS AND LIABILITIES
Section § 2620
This law explains that any debts the couple has together during their marriage, which are still unpaid at the time of their divorce trial or become due after the trial, must be dealt with according to the rules in this section. The court will either assign these debts to one spouse or split them between both spouses.
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Section § 2621
If a spouse had any debts before getting married, they are solely responsible for those debts. The other spouse isn't responsible for paying them back after marriage.
Debts incurred by either spouse before the date of marriage shall be confirmed without offset to the spouse who incurred the debt.
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Section § 2622
This law talks about how debts that a couple takes on during their marriage should be divided if they separate. Usually, these debts are split according to certain rules. However, if the debts are more than what the couple owns together, the court will decide on a fair way to divide the leftover debt. The court considers things like who can afford to pay more.
(a)CA Family Law Code § 2622(a) Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be divided as set forth in Sections 2550 to 2552, inclusive, and Sections 2601 to 2604, inclusive.
(b)CA Family Law Code § 2622(b) To the extent that community debts exceed total community and quasi-community assets, the excess of debt shall be assigned as the court deems just and equitable, taking into account factors such as the parties’ relative ability to pay.
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Section § 2623
This section explains how debts are handled after a couple separates but before their divorce or legal separation is finalized. Debts for things that are necessary for living, like food and housing for the spouse or children, will be assigned based on each person's ability to pay at the time the debt was taken on. However, any debt that isn't for these essentials will be the responsibility of the spouse who incurred it.
Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as follows:
(a)CA Family Law Code § 2623(a) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred.
(b)CA Family Law Code § 2623(b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.
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Section § 2624
If either spouse takes on debt after a divorce judgment is entered but before they are officially no longer married, or after a legal separation judgment, that debt is solely their responsibility. The other spouse isn't responsible for it.
Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties’ marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt.
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Section § 2625
This law states that if a spouse has any personal debts that they took on during the marriage but before separating, and these debts did not benefit the couple as a whole, then that spouse alone is responsible for those debts. The debts will not be shared or offset by the other spouse.
Notwithstanding Sections 2620 to 2624, inclusive, all separate debts, including those debts incurred by a spouse during marriage and before the date of separation that were not incurred for the benefit of the community, shall be confirmed without offset to the spouse who incurred the debt.
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Section § 2626
This law allows a court to decide if one spouse should pay back the other for debts that were paid off after the couple separated but before their court trial.
The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial.
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Section § 2627
This law states that certain educational loans and liabilities should be handled in specific ways during a divorce. Educational loans are distributed according to a different rule (Section 2641). Liabilities that come from one person's actions or lack of actions during the marriage should be assigned to that person, without balancing it out against other financial factors.
Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, educational loans shall be assigned pursuant to Section 2641 and liabilities subject to paragraph (2) of subdivision (b) of Section 1000 shall be assigned to the spouse whose act or omission provided the basis for the liability, without offset.
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Section § 2628
This law lets a court change joint state tax debts during a divorce if certain tax conditions are met.
Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, joint California income tax liabilities may be revised by a court in a proceeding for dissolution of marriage, provided the requirements of Section 19006 of the Revenue and Taxation Code are satisfied.
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