Who is responsible for property and debts during legal separation?

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 responsibility for property and debts acquired during a legal separation depends on the nature of the debt and who is named on the account. A separation agreement is a voluntary contract between spouses covering issues like child support, custody, and property division. Both parties must agree to any changes to this contract. If one spouse agrees to pay a debt incurred by the other, this is a private agreement between them and does not involve the creditor. However, the creditor can pursue either spouse based on their contract with the creditor. If this occurs, the spouse who is not responsible for the debt can take the other spouse back to divorce court for not complying with 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.