Can a legal separation protect a spouse from the other accruing additional debt?

Asked over 2 years ago - Seattle, WA

Neither want a divorce yet, but I need to know how to protect myself in case she takes on additional debt without my consent.

Attorney answers (3)

  1. 9

    Lawyers agree

    1

    Answered . In a legal separation the court can certainly order the parties to take responsibility for their individual debt after the date of separation, but that is not necessarily a guarantee that you couldn't end up being liable for it. Even a divorce decree assigning debts to one of the parties is not binding on creditors - a domestic court order does not have the power to change a civil contract. In addition to a legal separation, you would want to make sure to separate your finances completely, such as terminating any shared lines of credit with a bank or credit card company. If you are awarded any real property in the decree of separation, you may want to consider refinancing to remove her name from the mortgage, as well as from the deed, to prevent her from further encumbering the property.

    If you are serious about protecting your assets, including good credit, you should discuss the particular facts of your case with an attorney privately.

  2. 7

    Lawyers agree

    1

    Answered . You can create a post-nuptual agreement that any debt accrued by either party is their sold debt alone. You can also make sure that credit cards are on the sole name of one person or another. You can also create two corporations set up to keep your expenses separate from one another and get the CCs in the name of the respective corporations.

    Whether a separtion will work depends on the jurisdiction. Some states only call debt separate property once a divorce is petitioned, others when their is a separation with no intent to reconcile. So even if you separated - you would still be seeing each other (it sounds like) so that option may not work.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  3. 7

    Lawyers agree

    Answered . 1-Destroy all joint credit cards.
    2 Have a post marital agreement that addresses
    future debt.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

Marriage and prenups

Entering into a prenuptial agreement before marriage can protect certain assets in the event of a divorce, but such agreements must be carefully written.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now