Jeff McAdams' Divorce Survival Tips
11-8-10

Separating Without Divorcing Leaves You Liable

In difficult economic times or situations, many couples who cannot make their relationships work separate without divorcing. Most lack even the most basic legal agreement, spelling out their respective rights. Unfortunately, the consequence of this can be more expensive than pursuing a divorce in the first place. For example, without clearly establishing your rights in writing, nothing protects you from being liable for the debts your partner incurs. Also, he or she may obtain a marital interest in any property you acquire after you separate. Beyond these liabilities, if your spouse becomes sick or unemployed, you can be required to pay spousal support, even if you’re no longer together. And if you die first, a claim can be made against your estate for the share a spouse is entitled to. So if you’re going to part ways without a divorce, at least have a separation agreement drawn up for you, so that you can minimize such problems.

Please Note: Every McAdams Law Divorce Survival Tip is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Divorce attorney about your situation. Please see more details here.

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