Family Law

Debts Can Be Marital Even If Incurred After You Separate

By Ben Stevens

Question:  Can I be held responsible for debts incurred by my spouse after he moved out?  He has been using an open line of credit, and I am concerned as to what problems could arise.

Answer:   It is possible for you to be held responsible for debs incurred by your spouse after you have separated.  The key issues with regard to marital debts are whether the debt was incurred (a) during the marriage and (b) for a marital purpose.  If the answer to both of those questions is "yes," then the debt is most likely marital even it was incurred after your spouse moved out.

The only way to protect yourself in situations like this is to have a Court Order which clearly identifies which debts each of you will be responsible for paying.  You can get such an Order by either (a) executing an agreement with your spouse and having it approved or (b) litigating your case, whether a divorce or legal separation.

Full post as published by SC Family Law Blog on December 15, 2008 (boomark / email).