If We Have A Separation Agreement Can I Be Liable For My Spouse's Debts?
Full Question:
Answer:
When a separation agreement has not been incorporated into a divorce decree, the method of enforcing it is through a lawsuit for breach of contract. In a divorce, the assets and debts of the parties are divided and enforceable through contempt proceedings if not paid as specified in the divorce decree. In the case where one spouse agrees to pay a debt of another spouse as part of a divorce, it is an agreement that the creditor is not a party to. The creditor can still try to go after any party based on the contract with the creditor and if that happens how the spouse can take the other back to divorce court for failure to comply with the terms of the separation agreement in the divorce decree. If the parties are divorced, then any new debts the former spouses separately contract for cannot be considered marital debts that the other ex-spouse is liable for.
