Legal Seperation


#1

She is wrong. Anything aquired during the marriage and debts/assets held jointly are subject to equitable distribution. There is no such thing as a ‘legal separation’ in NC. The separation is simply a binding agreement spelling out financial, child support and visitation issues.

If you and she charged $5000.00 on credit cards, then technically she is liable for 1/2 that debt. If you bought a house during the marriage, then you’re both due 1/2 the equity.

Leaving the marriage does not equal no financial responsibilities.


#2

she is not free of liability unless you agree in a signed seperation agrrement and the court implements it into an order - or an order is established without the agreement.

If she is shirking finacial obligations enough you can try to get an ex parte order to make sure it is taken care of.


#3

She is no longer liable. From what I was told, a legal sep just means that you agree you both need to keep your stuff apart and a divorce means we are parting ways and discontinuing our marriage.
I do believe she is correct, however all states have different laws & definitions. Its best to double check your NC laws just to be sure.
Is there a reason you’ve chosen Legal Sep over a divorce?

Pamela
document-do-it-yourself-service.com/


#4

My understanding is that with a separation, all marital debts are joint liability, with some few exceptions (ex. student loans?). All debts acquired after the date of separation, however, are separate.


#5

Athos is right. I’ve never heard of div2wice’s statements. Maybe you should post on the Legal Forum so that a lawyer can respond. BUT you can also read there about MANY posts concerning separations and see that anything prior to separation date is a joint liability and/or asset. She can’t just walk away free and clear.

A divorce is a legality ending your marriage.
A separation agreement (thought not necessary) spells out YOUR agreement to property, bills, custody and child support issues.

If you can’t come to an agreement on your own, then the court will decide for you. This is costly.


#6

After a legal seperation, do both husband and wife still hold liabilities concrning assets in both parties names. My wife is under the impression that if she files for legal seperation that she no longer liable for the property that we own jointly.

Thanks,

Bill

William Hughes