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.is she responsible for 50% of my debt even if we reside in different states and most of the debt was accrued since she moved to california?
If you have not gone through a formal legal separation
, then you are still legally married and therefore any debts or assets that are acquired during the marriage
will be considered marital. So if you win the lottery, she gets some portion of it. If she incurs a huge medical debt, you get some portion of that as well.
When I say "some portion" I mean that it won't necessarily be a 50/50 split because that would depend on which state the divorce was filed in and what their property distribution
rules are. In community property
states like CA, it is a 50/50 split of everything. But in non-community property states, it is an "equitable distribution
", meaning whatever the judge thinks is fair.
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