Financial responsibilities during Separation


#1

If my husband and I are separated will I be held responsible for any debt he acquires during our separation? Can he make a claim on any money I have saved during this period?

Also, if we never lived together during our marriage, can he make claims for alimony?


#2

This is going to be a interesting one to see the attorney’s responses to. Usually the separation date is important the assets/debt are kind of “set” at this point in time. There is a claim to debt and assets after this, but in court the ED would usually be done at this point in time. If you have never lived together I have no idea how this would work. There is no legal separation in nc, separation is just the act of living apart.


#3

I am canadian living in Canada and my husband is american living in the states. He was going to move to Canada. After 6 months he basically refused to move here and abandoned the marriage. We never lived together. The only thing we had together was a car that we made a downpayment for with money from our wedding. The car and the debt for it are in his name only, as I do not have credit in the states.

I don’t really understand the process of dividing assets or what happens when you file for divorce yourself with the divorce kit. I’m not certain if I could get him to sign a separation agreement since he does not have the money to hire his own lawyer to look things over on his side. I don’t know what to expect at our divorce and I don’t know how to protect myself in the meantime.


#4

If your in agreement on what assets to each get and what debt you each take, it sounds like a really simple divorce to agree on a separation agreement. I think your other option is to just stay separated for longer, until its been a year, then do a uncontested divorce. ED, alimony claims die after the divorce is granted (if there are not pending claims).


#5

Thanks for the help.

Will the courts only look at the question of debts and alimony if the divorce is contested? If we file for an uncontested divorce will the courts simply assume that we have dealt with this ourselves and not impose anything?


#6

Not an attorney, but if divorce is granted in NC without pending ED or alimony claims, and there is not a separation agreement (either incorporated in divorce or not) covering them the claims are dead. If you you have any titled/deeded property together there could still be a ownership fight for it later.