1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Can divorce protect me from my wife’s growing debt?

Anonymous Asked:

I am afraid that my wife´s debt is going to increase dramatically over the next year. If we divorce, can I protect myself from her growing debt?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
A Family Lawyer
11 years ago

You want to ensure that each spouse fully understands the expectations of each other as to debts and liabilities. Typically, spouses should discuss who is going to be responsible to pay what bills. You definitely want to protect your credit during a divorce. If you are pooling your finances together and incurring joint debts but one spouse is racking up debts faster than what the couple is able to financially manage, then immediate action must be take to protect from debt continuing to build and some assets may need to be set aside to ensure that the debts are paid off. It is definitely not advisable to wait until after the separation in circumstances of joint debt because it is always possible that one spouse may default on the joint debt leaving the other spouse joint and severally liable for the entire debt. To ensure that each spouse takes full responsibility for their respective debts you want to consider closing or leaving open joint accounts and otherwise establish plans for paying the joint debts. If the debts are solely in one spouse’s name then the creditors have absolutely no legal right to pursue the other spouse unless that spouse agreed to guarantee the liability.

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won’t Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach …

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope …

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse’s consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian …

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step …

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you’ve been wondering, “Do divorce lawyers work on weekends?” you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer …

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x