Division of property at divorce

Question 1

General rule

Answer 1

Equal division of CP and quasi-CP

Question 2

Exceptions to equal division

Answer 2

1. Deliberate misappropriation of CP by one party;
2. Personal injury damages (at least ½ assigned to the injured party)
3. If community debts exceed assets, excess debt may be assigned in an equitable manner;
4. Debts for education loans may be assigned to the spouse who received the education;
5. Tort judgments not incurred for benefit of community may be assigned to tortfeasor; and
6. A civil judgment to pay domestic violence damages may be enforced against an abusive spouse’s CP share

Question 3

Division of liabilities

Answer 3

1. Incurred during marriage—divided equally or assigned to one of the spouses (a liability incurred during marriage but after separation can be characterized as SP if it was not incurred for common necessities or for the benefit of the community)
2. Incurred before marriage—assigned to the spouse who incurred the debt

Question 4

Preemption

Answer 4

Community does not acquire an interest in federal benefits until they are paid to a spouse, except for railroad retirement benefits