
September 27, 2007 |
2007-R-0523 | |
LIABILITY FOR POST-SEPARATION SPOUSAL DEBTS | ||
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By: Susan Price, Principal Legislative Analyst | ||
You asked if spouses are jointly responsible for debts incurred after they obtain a legal separation. The Office of Legislative Research is not authorized to give legal opinions and this report should not be considered such.
The law makes it a joint duty of each spouse to support his or her family, and makes both spouses liable for:
1. the reasonable and necessary services of a physician or dentist;
2. hospital expenses for services given to the husband or wife or a minor child while living with either of them;
3. the rental of any dwelling unit actually occupied by the husband and wife as a residence and reasonably necessary to them as a residence; and
4. any article purchased by either that went to the support of the family, or for the joint benefit of both.
When spouses are legally separated, the law bars creditors from suing a spouse who is entitled to financial support for debts incurred by the spouse who is liable for his or her support (CGS § 46b-37).
The law does not apply to debts incurred using credit accounts that have been issued in both spouses' names; in this situation, the spouses are jointly liable.
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