Debt liability after separation

Posted in Location, Ontario, Ottawa, Separation by Questions on April 16, 2014

My husband and I have been separated for over a year and we have agreed on asset division and signed a document and had it witnessed by lawyers. We do not want to proceed with a divorce as there is no need at this time. My husband is not financially responsible and I am wondering what liability risk I have for any debts he incurs from this point on if we are not divorced.

1 Expert Comment

  1. On April 16, 2014 at 8:41 am
    A Family Lawyer said:

    Most often there will be a clause in the separation agreement specifically that debts incurred by one spouse after the execution of the agreement are to be the responsibility of that spouse incurring the debts. Family debts may be enforceable by one party against the other provided it may be proven that the spouse not legally liable for the debt has in some way used or benefited from the debts and expenses incurred. While the court does not have any authority to reallocate responsibility for the debt obligations, at the same time the debts may need to be considered in light of the settlement arrived at further to the agreement. If one spouse simply incurs debts because of financial recklessness then it would not seem that the other spouse is going to be held responsible for such debts.

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