It is commonly understood that after a divorce, it is the husband who is meant to pay for the financial expenses of his ex-wife. This particular policy can either be harmoniously agreed on by the couple or it can be imposed on the husband by the law. At the same time, there are several states that have introduced policies that come up with reasonable ways in which a husband is required to make necessary payments even if he is otherwise absent. These elements can easily include:
- Medical expenses
- Lodging fees
- Attorney fees and similar other “necessaries.”
At the same time, there are also several states that make no such implication on the spouse and they are free to either continue or finish making payments once the divorce is finalized.
Agreeing On Separation
Once if the couple decides to settle for a separation and not a divorce, legal agreements are finalized that inform both the spouses of the expenses they will independently be caring for. These orders can be put out either during after a separation is being finalized or if it is headed towards a divorce and is in the process of being prosecuted. The order is sent out during the process to ensure that if worse comes worse the following things are already taken care of:
- Property division,
- Spousal support,
- Custody troubles and
- Child support.
These matters can alter if the spouses are separated legally or if the separation was brought about through amiable agreement.
Properties and States Owned Collectively
This is a very important law as it deals with the tricky and daunting matter of the fact when two spouses are the legal owners of a property or state. There are several states that follow a proper procedure after a divorce has been finalized to decide how the couple will resolve the division of property related assets. Whereas there are also couples that have a basic procedure that is brought about if there is a property owned collectively by both.
Sometimes one of the two in a couple might own a property that was either inherited or gifted to them by someone. It can also be the property that was bought independently before the marriage. Any such owned property is automatically excluded from the matter of a communal state. Similarly if there is a bill of an asset that was made before the marriage that the original owner will be required to make the payment without any kind of assistance from the other. This is only true unless the other spouse is not involved or unless if the other voluntarily offers to help in the payment.
Therefore, in a nutshell if there is a bill that is coming off an asset, or there is a property that was owned before the marriage, the original owner is responsible for everything that goes about it. Whereas if both the members of the couple had a say in the purchase, they are automatically liable to the communal property division laws.
Even if a spouse would not be legally liable for a debt, he or she may become liable by an agreement. If the spouse told the creditor or the other spouse that he or she would pay a debt, that spouse may create a contract that both the spouse and the creditor can rely on.
Bob Michela is the author of this article. He refers to experts like http://www.djpsolicitors.com/ to help individuals come up solutions to spousal issues.