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

Attorney answers (3)

1. Licensed in WA

   

   Kate M Forrest

   Seattle Family Law Attorney

   Contributor Level 15

   9

   Lawyers agree

   1

   Helpful vote

   Answered November 09, 2012 13:36. 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.

   • Mark as helpful
   • Flag
2. Licensed in WA

   

   Matthew Johnson

   Seattle Estate Planning Attorney

   Contributor Level 17

   7

   Lawyers agree

   1

   Helpful vote

   Answered November 09, 2012 13:27. 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... moreMatthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC less

   • Johnson Legal Group, PLLC

   • Mark as helpful
   • Flag
3. 

   Joseph PippenPro

   Largo Estate Planning Attorney

   Contributor Level 20

   

   EmailVisit website

   7

   Lawyers agree

   Answered November 09, 2012 13:59. 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... moreThe answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. less

   • Mark as helpful
   • Flag