Debts Can Be Marital Even If Incurred After You Separate

Posted on December 15, 2008 by J. Benjamin 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.

 

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brad johnson - April 29, 2009 10:40 AM

i have been separated over two years. final court date in june 09. i have been making 1st and 2nd mortgage payments during this time. will i get reimbursed for part of the payments i have made?

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