Once a couple has officially separated and live separately, can one spouse...

Once a couple has officially separated and live separately, can one spouse be held responsible for any new debts the other may incur or are they 100% responsible for their own new debts?

By John Harding
May 11, 2014
CA FAQ/Debt, Credit, Bankruptcy

For most debts that are created after a couple has separated, there is not joint responsibility. I'm responsible for the new debt that I create after the separation and you are responsible for the new debt that you create after separation. You can take comfort in the fact that no matter how many new bills I’m racking up, you don’t have any responsibility for them.

Now, that doesn't say that you and I aren't going to continue to share responsibility for certain debts that we had during the marriage. For example, the $10,000 credit card bill that we had when we separated or the existing loan on a car that you and I have been driving during the marriage. But as far as new debt is concerned, yours is yours and what is mine is mine.

John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively. You can view his firm profile here, and visit his website here.

Back To Top

May 11, 2014
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.