Q: How can a debt be declared in form FL-100?
Under spousal or domestic partner support in the divorce petition, I am not sure if debt can be considered as support. My spouse does not want spousal support from me, but they want to make sure that I pay my debt to them for a particular large expense. How should I declare this in the form?
A:
In California, when filling out Form FL-100 for a divorce petition, debts are not typically declared under the section for spousal or domestic partner support. Instead, debts are usually addressed in a different section of the divorce proceedings.
For your specific situation, where you have an agreement to pay a debt to your spouse, this would not be categorized as spousal support. Rather, it should be outlined in a written agreement separate from the petition, such as a marital settlement agreement. This agreement should detail the terms of the debt repayment.
It’s important to clearly document and agree upon any financial arrangements like this to ensure there are no misunderstandings or disputes later on. Legal guidance can be helpful in drafting such an agreement to ensure it complies with California law and accurately reflects the agreed terms.
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