Glossary
Words you will hear from lawyers and courts, in plain language. Rules vary by state.
- Community property
- In nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), most property and debts acquired during the marriage belong to both spouses, whatever the name on the account (IRS Publication 555). Read the guide: Am I responsible for my spouse’s debt? State rules
- Equitable distribution
- In the other states, the court divides marital property and debts in a way it finds fair, which is not always 50/50. Read the guide: Am I responsible for my spouse’s debt? State rules
- Separate property
- Generally, what one spouse owned before the marriage or received by gift or inheritance. It can become shared when it is mixed with shared money.
- Dissipation
- A claim that one spouse wasted marital money (gambling, hiding funds, spending on an affair), usually after the marriage began to break down. A court can take it into account when dividing property. Read the guide: Am I responsible for my spouse’s gambling debt?
- Fraud on the community
- The Texas term for a spouse wasting or hiding community property. The court can reconstitute the estate as if the money were still there (Tex. Fam. Code § 7.009). Read the guide: Am I responsible for my spouse’s gambling debt?
- ATRO (automatic temporary restraining orders)
- In some states, once a divorce is filed, both spouses are barred from moving, hiding or borrowing against shared property without consent or a court order (for example California Family Code § 2040).
- Financial disclosure
- The sworn form, required in most states, in which each spouse lists income, expenses, assets and debts (California FL-140, FL-142 and FL-150; the Illinois Financial Affidavit; the New Jersey Case Information Statement). Read the guide: What to bring to a divorce lawyer consultation
- Discovery
- The formal process, once a case is open, by which each side must produce documents and answer questions under oath. It is how lawyers obtain records you cannot access yourself. Read the guide: Hiding assets in a divorce: how to find them legally
- QDRO (qualified domestic relations order)
- The court order a workplace retirement plan needs before it can pay part of the account to the other spouse.
- Coerced debt
- Debt taken in your name because you were forced, threatened or deceived into signing. A growing number of states let a person ask lenders and collectors to pause collection. Read the guide: Spouse opened a credit card in your name? What to do
- Identity theft (FCRA § 605B)
- Credit opened in your name without your permission. An IdentityTheft.gov report lets you block the account on your credit reports. Read the guide: Spouse opened a credit card in your name? What to do
- Authorized user
- Someone allowed to use a card account without being responsible for paying it; different from a joint account holder. Read the guide: Am I responsible for my spouse’s debt? State rules
- Financial infidelity
- Not a legal term: keeping money secrets from a partner you share finances with, such as hidden debt, a secret account or lies about income or spending. Read the guide: Financial infidelity: signs and what to do
- Co-signer
- Someone who signed to be responsible for a debt if the borrower does not pay.
- Default judgment
- A court decision against someone who did not respond to a lawsuit in time.
- Automatic stay
- The order that stops most collection as soon as a bankruptcy case is filed.
- Innocent spouse relief
- IRS relief from tax owed on a joint return because of the other spouse’s errors or omissions (IRS Form 8857).
General information, not specific to your state, and not legal advice. This product is not a substitute for the advice of an attorney.