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