Legal Question in Family Law in Idaho

Time Between Separation and Divorce

Can the division of debt and property be decided based on time of separation or is it based on time of divorce? Background: 6 months between separation (not legal separation) and divorce. Pre-custody hearing kept kids in home while we alternated in and out of home. Both took advantage of home (i.e. food, bed, utilities, etc.).


Asked on 2/04/01, 10:15 pm

1 Answer from Attorneys

Gass Timothy Gass Law Office

Re: Time Between Separation and Divorce

If you were separated and lived separate and apart during the time

pending divorce and no temporary orders were entered determining the payment

of the debts, then the parties could agree that the operative date

was the date of separation. Otherwise, it is the date of the divorce

hearing and decree of divorce.

Any new debts generally is the obligation of the party incurring the

debt because restraining orders are generally entered and served with the

Complaint and Summons restraining the parties from selling the property or

incurring additional debts. You didn't say whether the hearing set forth

the debts each party would pay. If it did, and without additional evidence

at the trial regarding the distribution of the property and debts

it would probably be the same as the interim order entered.

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Answered on 3/22/01, 1:22 pm


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