The question of who is responsible for paying bills while a divorce is pending is a complex one. The answer depends on various factors, including the specific circumstances of the divorce and the laws of the state where the divorce is taking place.
Most couples will have questions and concerns related to paying bills while a divorce is pending. Many people want to know who pays the bills during a divorce or separation? In New Jersey, the responsibility for paying bills while a divorce is in process can be handled in several ways, and cooperation between both parties can certainly make things easier. While you can hope for that kind of cooperation, it’s a good idea to be prepared if – or when – it breaks down.
What does the law say about paying bills while divorce is pending? Who pays the bills during a separation?
Who pays household bills during divorce? You may be wondering, does my husband have to pay the bills until we are divorced? While the divorce is pending, both parties are, to some extent, expected to maintain the basic living expenses of the household. This includes rent or mortgage payments, regular monthly expenses like groceries and utility bills, shared car payments, credit card bills, and any other regular monthly expenses for the family.
For some divorcing couples, it’s possible to reach an agreement about who pays the bills during a divorce or separation, and that can even be formalized in a document called a separation agreement. Even if there are disagreements over paying bills while divorce is pending, the expectation is for both parties to pay expenses, maintain assets and debts, and to continue to contribute as usual until the divorce is finalized. In other words, until further notice, you are expected to pay what you’ve always paid while you were married and living together under the same roof.
So what should you do if your spouse suddenly stops paying for expenses, or is threatening to stop payment? What if you are separated, and your husband has stopped paying the bills? Can your husband shut off utilities during your divorce? What should you do if your spouse is not willing to negotiate?
If you find yourself in one of these situations, seek immediate support for paying bills while your divorce is pending. Your divorce attorney and the court can address these issues on your behalf if you are separated and your husband has stopped paying the bills. The court will consider the incomes and assets of both parties, the needs of the children if applicable, and whether the divorcing couple continues to share the primary residence or has the added expense of a second one.
You cannot be forced to pay for expenses that are not affordable under your single income. A spouse who is not living in the family home during the separation is still responsible for contributing to mortgage payments or a child’s tuition payments, for example, and the details of those responsibilities moving forward will be worked out during the divorce process. In other words, nothing changes until the court says it does.
Can I get access to temporary support?
In New Jersey, you have the right to seek temporary support for paying bills while divorce is pending. Increased expenses – for example, a temporary apartment rental for one spouse during the separation – can add tension to the already strained communication about family finances. Sometimes, it’s necessary to get your attorneys and the court involved. To determine what amount of temporary support you need, the court will examine your recent tax returns, household expenses, and expenses resulting from raising children, and may ultimately issue a court order for the temporary support.
What if your spouse continues to get behind in bill payments, despite the court order? The first course of action is for the two attorneys representing both parties to work together and try to reach a fair and agreeable resolution. If that doesn’t work, the court will need to intervene. It’s important to note that the court will have little tolerance for non-payment of monthly bills, especially if there is no sound financial reason for the delinquent payments or the behavior is done with spiteful intent.
My bills won’t wait for my divorce to be finalized. Where can I get the assistance I need?
Although you may be able to work out an adjusted schedule or more lenient terms for payment with some of your creditors, you can’t always, or indefinitely, rely on their patience. For the most part, divorce takes time, and it’s not likely to become final during a billing cycle.
When a couple divorces in New Jersey, there are many complicated issues that must be addressed. There are obvious concerns, such as the division of marital assets and debts and planning for the support of children. Some divorcing couples own real estate beyond the primary residence, so the division of rental properties will also need to be addressed. There are also decisions to be made regarding overlooked assets, which can frequently slow down the divorce process. These things take time, but unfortunately, all of your bills have monthly due dates.
We get the urgency. Your income needs to stretch to accommodate two households instead of one, and for most families this creates an immediate financial burden. So it’s important to seek good legal guidance before your financial situation becomes unmanageable.
When you are separated and need help paying bills while a divorce is pending, it’s imperative to seek the assistance of a skilled divorce lawyer. Contact DeTorres & DeGeorge today to ensure you have the legal advice you need during your divorce. You should never have to worry about keeping a roof over your head or having your bills paid while a divorce is being finalized. The legal experts at DeTorres & DeGeorge will make sure that you are protected while your divorce is pending.