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.).
1 Answer from Attorneys
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.