If I file for a separation am I responsible for any debt she might run up after filing date?

Aug 8, 2012 by

Question: 

If I file for a separation, but living in same house am i responsible for any debt she might run up after filing date?

State: 
Colorado

Answer: 

Thank you for your question. Because the law dealing with the effect of a legal separation on debt may differ by state, I will give you a general answer. In many states, filing for separation would protect you from debt that your spouse accrued on her own behalf such as buying an expensive purse. HOWEVER, many people mistakenly assume that filing for separation is enough. In most states, you also need to show that you in fact separated. By living in the same house, you are susceptible to your wife arguing that you reconciled after the date stated as the date of separation. And even if you move out of the house, you need to be careful about engaging in any behavior that a court could construe as an attempt at a reconciliation.

 Hope This Helps!
Wendy Jaffe
 
Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

 

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