Who is Responsible for Debts When a Couple are Separated?

Full question:

Are property and debts acquired during a legal seperation only the responsiblity of the spouse entering into the agreement or the responsiblity of both spouses?

Answer:

The answer will depend on the nature of the debt and who is named as an account holder or user on the account. A separation agreement is made voluntarily between spouses when they are in agreement on the issues, such as child support and custody, property division, etc. The agreement is in the nature of a contract and needs the agreement of both parties to be changed. In the case where one spouse agrees to pay a debt of another spouse, it is an agreement that the creditor is not a party to. The creditor can still try to go after any party based on the contract with the creditor and if that happens how the spouse can take the other back to divorce court for failure to comply with the terms of the separation agreement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, when you marry, you do not automatically become responsible for your spouse's pre-existing debts. However, debts incurred during the marriage may be considered marital debts, making both spouses liable. This can vary by state, so it's important to understand local laws regarding debt responsibility. If you have concerns about specific debts, consulting a legal professional can provide clarity on your situation.