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Post-separation debt: What is an Epstein Credit?

On Behalf of Cullen Family Law Group | Jul 22, 2022 | Property Division |

When going through a divorce, it’s easy to become fixated on the final result. But the reality is that a lot can happen between the date of separation and the date the divorce decree is issued. Debt doesn’t go away – it remains during the divorce process and must be dealt with, while it’s further complicated by the separation itself.

Epstein Credits explained

Property division is one of the big issues which needs to be resolved during a divorce. But it’s not limited to dividing assets, like the family home or a car – debts are also part of the equation. And those debts don’t disappear just because the couple separates. The bills must still be paid. Who pays them, and under what circumstances, are what give rise to what’s known as Epstein Credits.

Imagine a situation where one spouse, who is the primary breadwinner, moves out of the family home upon separation. Meanwhile, the non-breadwinning spouse remains in the home and cares for the children. The breadwinning spouse continues to pay the mortgage – that mortgage debt is community property and both spouses own half of it. The breadwinning spouse is effectively paying not only their own share of the debt, but also the half owned by the non-breadwinning spouse.

An Epstein Credit is a form of reimbursement. It entitles a spouse to be paid back when they use separate property (in this case, their income) to pay a community debt (the mortgage). California gives family courts the power to order reimbursement for debts paid after the date of separation – the Epstein Credit is one example of this.

Post-separation debt and Epstein Credits are a complex area of California divorce law and difficult to figure out on your own. To determine how they should be dealt with, speak to a professional who is experienced in family law and the divorce process.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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