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New York Law - At What Date Do Debts Become Separate? In most states, debts become separate normally on the date the parties physically separate. In general, the date parties physically separate is the date one party moves out without returning. However, the court has a lot of discretion in terms of allocating debts between the parties. The safe approach is to expect to pay your own debts that you run up after the separation, but also not to encourage your spouse to run up unnecessary debts before the divorce either. Note: If your name is on the credit card, you are still legally liable to pay the debt. The court may state that the debt is your spouse's separate liability. But that only settles matters between you and your spouse. That is, if you pay the debt, your spouse will have to reimburse you. But as between you and your credit card company, you are still on the hook.
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top New York divorce law page. Click here for the New York divorce legal table of contents. | |||||||||||||||||||||||||
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