Family Court: Dividing Property
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§6.03 Debts Incurred After Separation

You must confirm debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution or legal separation as follows [FC §2623.]

  • Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered must be confirmed to either spouse according to the parties' respective needs and abilities to pay at the time the debt was incurred.  This provision is applicable in the absence of a court order or written agreement for support or for the payment of these debts.
  • Debts incurred by either spouse for nonnecessaries of that spouse or the children must be confirmed without offset to the spouse who incurred the debt.

You have jurisdiction to order reimbursement in cases you deem appropriate for debts paid after separation but before trial. [FC §2626.] Reimbursements are discussed in §§8.01 et seq.

   

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