Can I cancel cell service for my husband during divorce proceedings?

I work for a cell phone company and as a benefit I have a cell phone account under my name and my name only. I am in the process of divorce and I had to shut off my ex’s cell phone due to non payment on his part. I did not take his phone just cut off the service as it was jeopardizing my credit and credibility with my employer. My ex is telling me that I can’t do this during divorce proceedings, that I can get in trouble, is this true? I didn’t take the phone I cancelled the service so that the debt does not go any higher.

Asked on June 27, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Your actions seem reasonable.  There is no specific law on point in the California Family Code, but after separation each spouse becomes liable for their individual debts.  So, he started to become separately liable for his cell phone bill.  Since it was in your name, you could transfer the account to his name only or cancel the account entirely simply because it exposes you to liability for his (now separate) liability. 

If you have any questions or concerns feel free to contact me.  If you reside or work in Ventura County I would love to represent you during your divorce proceedings to ensure you are protected and get the support you deserve.

Best of luck.

-Cameron Norris, Esq.

805.876.4LAW


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