Divorce is rarely simple, and one of the most challenging aspects is managing ongoing financial obligations while your case works its way through the legal system. In California, divorce proceedings can take months or even years to finalize, and during that time, bills don’t stop coming. Mortgages, car payments, credit cards, and children’s expenses continue to demand attention, often creating stress and conflict between separating spouses.
Common Ongoing Financial Obligations
Understanding how to handle these shared financial responsibilities during divorce is crucial for protecting your credit, maintaining stability for your children, and positioning yourself for a fair settlement. At The Law Offices of Judy L. Burger, we help clients navigate these complex financial waters with clarity and strategic planning.
Mortgage and Housing Costs
For most couples, the family home represents their largest shared financial obligation. During a divorce, questions arise about who should pay the mortgage, property taxes, homeowners’ insurance, and maintenance costs. If one spouse moves out, should they still contribute? What happens if the remaining spouse can’t afford the full payment alone? These questions become even more complicated when home equity is a significant marital asset that will eventually be divided.
Credit Card Debt
Credit cards opened during marriage are typically considered community debt in California, regardless of whose name appears on the account. During divorce proceedings, new charges may accumulate, and existing balances may continue to accrue interest. Disputes often arise about who should pay for which cards, especially when one spouse believes the other is spending irresponsibly.
Auto Loans and Leases
Vehicle payments present unique challenges when spouses separate. The person driving the car isn’t always the person whose name is on the loan. If you’re making payments on a vehicle your spouse is using, or vice versa, this creates an ongoing source of financial tension and potential leverage in negotiations.
Children’s Expenses
Even before formal child support orders are established, children need food, clothing, medical care, childcare, and educational expenses. Parents must figure out how to share these costs fairly while living separately, often with reduced household incomes due to the expenses of maintaining two homes.
Utilities and Services
Phone plans, internet, streaming services, insurance policies, and utility bills often remain in one person’s name while both spouses are benefiting from them. Separating these accounts and determining who pays what during the divorce process requires careful coordination.
Spousal Support Obligations
In some cases, temporary spousal support may be ordered while the divorce is pending, creating a new financial obligation that must be met regardless of other financial pressures.
How Ongoing Obligations Complicate Divorce
How can these expenses complicate matters if not handled properly?
Credit Score Impact
When financial obligations aren’t met during divorce, both spouses’ credit scores can suffer, even if only one person stopped making payments. A joint mortgage or credit card in both names means both parties are legally responsible, and missed payments appear on both credit reports.
Leverage and Power Imbalances
The spouse who controls the finances or earns more income may have significant leverage during divorce negotiations. They might threaten to stop paying certain obligations to pressure the other spouse into accepting unfavorable terms.
Documentation Challenges
Tracking who paid what during the separation period becomes critical for property division and reimbursement claims. Without clear records, disputes arise about whether certain payments should be credited against the final settlement.
Emotional Decision-Making
Financial stress during divorce often leads to poor decisions made out of anger, fear, or desperation. One spouse might max out credit cards, stop paying bills out of spite, or make large purchases to “get their share” before assets are divided.
Temporary Orders Delays
It can take weeks or months to get temporary orders in place addressing financial obligations. During this gap, couples must somehow figure out payment arrangements on their own, often without clear legal guidance.
Practical Advice for Managing Financial Obligations
Attorney Judy Burger has vast experience helping divorcing couples through these murky financial waters. Here are her top recommendations:
- Document Everything: Keep meticulous records of every payment you make, including screenshots, bank statements, and receipts. Note the date, amount, and purpose of each payment. This documentation protects you if disputes arise over who paid what during the divorce.
- Communicate in Writing: Discuss financial matters with your spouse via email or text message whenever possible. Written communication creates a clear record and reduces misunderstandings about payment agreements.
- Open Separate Accounts Immediately: If you haven’t already, open individual bank accounts and credit cards in your name only. Begin redirecting your income to your separate account. This prevents your spouse from accessing or depleting funds you’ll need for living expenses and legal fees.
- Request Temporary Orders Quickly: Don’t wait to seek temporary orders addressing financial obligations. These court orders can establish who pays what during the divorce process, providing structure and legal enforceability. Temporary support orders can also be established to help the lower-earning spouse meet basic needs.
- Continue Making Agreed-Upon Payments: Even if you’re angry with your spouse, continue making payments on joint obligations where possible. Defaulting on mortgages or loans hurts both of you and can complicate property division. Your attorney can seek reimbursement for payments you made on your spouse’s behalf.
- Prioritize Secured Debt: If you must choose which bills to pay, prioritize secured debts like mortgages and car loans. Defaulting on these can result in foreclosure or repossession, creating far more serious problems than late credit card payments.
- Consider Mediation for Financial Disputes: If you and your spouse can’t agree on how to handle ongoing obligations, mediation may help you reach temporary agreements without costly court battles.
How Judy Burger Can Help
As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping clients through the financial complexities of divorce. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters.
Judy can help you obtain temporary orders quickly to establish clear financial responsibilities during your divorce. She’ll work to protect your credit and financial interests while building a strong case for fair property division. Her team can help you gather and organize financial documentation, identify hidden assets or debts, and develop strategies for managing obligations during the divorce process.
Whether through negotiation, mediation, or litigation, Judy Burger provides skilled representation focused on achieving outcomes that protect your financial future.
Divorce and Finances FAQs
Am I responsible for debts my spouse incurs after we separate?
In California, debts incurred after the date of separation are generally considered separate debt, belonging only to the spouse who incurred them. However, establishing the exact separation date can be complex, and some exceptions apply. Proper legal guidance is essential.
Can I stop paying the mortgage if I move out of the family home?
This depends on several factors, including who is named on the mortgage and what temporary orders are in place. Stopping payment can damage your credit and affect property division. Consult with an attorney before making this decision.
What happens if my spouse empties our joint bank account?
California law requires full financial disclosure and prohibits dissipating marital assets. If your spouse empties accounts, you may be entitled to reimbursement. Document the withdrawal and contact an attorney immediately.
How quickly can I get temporary spousal support?
Temporary support orders can typically be obtained within a few weeks to a couple of months of filing a request with the court. The timeline depends on court scheduling and whether your spouse contests the request.
Should we file taxes jointly during our divorce?
This depends on your specific situation. Filing jointly may provide tax benefits, but it also creates joint liability. Your attorney and tax professional should review your circumstances before you decide.
Protect Your Financial Future Today
Navigating financial obligations during divorce requires strategic planning and knowledgeable legal guidance. Don’t face these challenges alone or make costly mistakes that could affect your financial security for years to come.
Contact The Law Offices of Judy L. Burger today to schedule a consultation. With offices throughout California, Judy Burger and her team are ready to help you protect your interests and achieve a fair resolution. Call now to discuss your situation and learn how we can help you move forward with confidence and financial stability.