Am I liable for any debt my spouse incurs even though we’re separated?

My husband and I have been separated for 2 years. He is a USA Citizen and I am a British Citizen but also have USA citizenship. We married in California and lived there throughout our marriage, however I moved back to the U.K. upon separation and therefore cannot petition to divorce. Even though we agreed upon an uncontested divorce no children or assets to divide my husband is dragging his heals and still hasn’t filed. What I’m anxious to know is whether I’m liable for any debts he may incur since we’re still legally married?

Asked on September 4, 2017 under Family Law, Alaska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So the general rule is that the date of filing cuts off all financial ties with your spouse.  The parties can also agree on a date that the marriage "ended" and all assets and debts thereafter are those of a party alone. Those are the two options.  I would strongly suggest seeking legal help in moving this along.  Good luck.


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