중앙일보 홈
허성욱 님 답변
[법률상담]
답변일
6/24/2010 4:24:28 AM
It depends on when the debts were incurred:
- If the debts were incurred post-separation, then generally, the debts are the separate responsibility of each party.
- If the debts were incurred during the marriage, then generally, that debt is the responsibility of both the husband and wife. This is even true, if one person spent that money without the other person's knowledge. An exception to this is student loans. The person who incurred the student loan is responsible for the debt post-divorce. Another exception is if the debt was used to finance a separate property asset.
Of course, these are just the default rules. If the couple wants to agree to different terms, they certainly can.
One thing to watch out for is third-party liability such as to a bank. If you co-signed on a loan or credit card application, be sure to have your name removed from the loan document. Otherwise, you may end up liable for the debt, even though your Marital Settlement Agreement states otherwise.
- If the debts were incurred post-separation, then generally, the debts are the separate responsibility of each party.
- If the debts were incurred during the marriage, then generally, that debt is the responsibility of both the husband and wife. This is even true, if one person spent that money without the other person's knowledge. An exception to this is student loans. The person who incurred the student loan is responsible for the debt post-divorce. Another exception is if the debt was used to finance a separate property asset.
Of course, these are just the default rules. If the couple wants to agree to different terms, they certainly can.
One thing to watch out for is third-party liability such as to a bank. If you co-signed on a loan or credit card application, be sure to have your name removed from the loan document. Otherwise, you may end up liable for the debt, even though your Marital Settlement Agreement states otherwise.
