when a spouse runs up debt
be on the
beginnings of a divorce action the
question is is whether or not that debt
is the result of a lack of earnings and
it’s being used to keep the status quo
that was going on during the marriage
or if the spouse is doing that to
disadvantage the other spouse the person
who is facing such a circumstance
should consult with their attorney
who would at that point
contact the lawyer of the spouse who’s
running up the debt
to tell them to stop running up the debt
because when you start a divorce action
and if there hadn’t been a divorce
action already started it’s important to
start one because what goes into play is
what we call automatic orders
automatic orders essentially require
both parties to keep the status quo
until either further order of the court
or until they can agree amongst
themselves
how the issues of the marriage
are going to be resolved what issues am
i talking about
acquiring debt
paying bills maintaining the marital
home
paying college tuition making payments
for taxes
keeping the business running in the same
level and rate it was before the parties
have decided to divorce
keeping the insurance policies in force
including health insurance in fact the
only thing that you can do outside of
the automatic orders is to change your
will
or to pay reasonable legal fees
everything else must pay must remain the
same
so if there is a violation of the
automatic orders
and the spouse running up the debt is
not stopping their efforts and running
up the debt
you would then want to bring a motion
for a contempt with the court
in order to stop that spouse
from incurring additional debt and also
potentially a finding that that debt
becomes the sole responsibility of the
party running up the debt