Spousal Debt

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My spouse and I have been separated for over two years and during that time, have negotiated a written separation agreement that covers all aspects of debt and asset division as at the date of separation. I have been told that we have to be divorced to be protected from future spousal debt. Is that true?

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Lorrie Stojni, BA, MA, LLB

11 years ago

If you and your former spouse no longer have any joint debts and all matters have been resolved by way of an agreement, then it is likely the issue of debt has been resolved. A divorce simply nullifies the marriage and affects the time limit for making further property claims. Should you have questions specific to your case, you should consult a lawyer in your area.

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