You’re already heartbroken about your separation. The last thing you need is to watch your spouse’s out-of-control spending bury you both in debt.
It feels unfair, doesn’t it?
It doesn’t have to be this way. Legal separation might be the lifeline you need.
Talking about debt and legal stuff can make your eyes glaze over. But stick with it. Let’s sort out this problem legally.
Current Liabilities
If your soon-to-be-ex ran up a ton of debt before you filed for separation, things get sticky. See, in some states, you’re still on the hook for that, even if you’re living apart. Those debt collectors are relentless, and frankly, the law doesn’t always see the fairness in this.
In this case, the only chance is if you can prove your spouse was being a total mess and deliberately trying to screw you over financially. Those cases are hard to fight, sadly.
Potential Upcoming Liabilities
This is where legal separation can provide some protection. In some cases, from the official date that you file for legal separation, you are no longer responsible for any new debts your spouse takes on, however, this is a decision that the Court will need to ultimately make, as New Mexico is a community property state and debts are generally the liability of the Community.
Isn’t That Just a Step Before Divorce?
Technically, yes, but it’s more nuanced than that.
Legal separation is often a step toward divorce. But here’s why people sometimes choose this middle ground:
- You’re Unsure: Maybe “divorce” feels too permanent. Separation gives you both time to test the waters.
- Beliefs Matter: For some people, faith or personal values make dissolving the marriage a no-go. Separation isn’t ideal, but it creates distance.
- Your Spouse Disappears: You can’t divorce someone you can’t find. Separation can be a way to legally protect yourself while the situation evolves.
Seeking Expert Guidance
Every state has its own rules about how debt and separation play out. You don’t have to battle this alone, and honestly, you shouldn’t.
A good divorce lawyer will make sense of your state’s laws and how they impact your wallet. They’re not there to push divorce; they’re there to lay out the options and help you make smart moves.
Time for Action!
If legal separation feels like a possibility for you, you are in the right place. Look no further than The Law Office of Anthony Griego, LLC.
We know this stuff inside and out, but equally important, we get that you’re a person, not a case file. Plus, we handle a whole spectrum of legal needs, beyond just divorce and separation.
Click here to schedule a consulation with us – let’s explore what makes sense for your situation.
Disclaimer: The information provided on this blog is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are complex and subject to change. As such, it is imperative to consult with a licensed attorney regarding your specific legal situation. No action should be taken in reliance on the information contained on this blog.
