Legal Question in Family Law in Minnesota
Legal Separation - I want to be financially seperated from my husband
I have been married for almost 2 years now. When I married my husband I knew he had bad credit but he said he was working on repairing it. Well I have since realized that he is financially irresponsible. I dont want a divorce but want to disconnect myself from him financially. For instance he has let his insurance on his car lapse once, I dont want to have to worry about being sued if he ends up in an accident. I own my own home and did so before getting married and dont want any of his debt collectors to attach any judgements to my home. Is a legal separation the way to go? Can I still be on his health ins? Can I be completely free of financial problems he brings upon himself? He is a wonderful man in every other aspect and Im hoping he changes and resolves this problem one day but until he does I dont want to worry about being stuck with what he does. I simply want to be married without being responsible for his irresponsible financial behavior, is that possible with a legal separation? Could you please define the specifics of what a legal separation entitles you to, how much it costs to get one if we both agree to it and how long it takes to get ~ thank you.
2 Answers from Attorneys
Re: Legal Separation - I want to be financially seperated from my husband
If your name isn't on your husband's auto insurance or any of his debts, you do not need a legal separation. His creditors can't put a lien against your house if he has no ownership interest in it.
The point of a legal separation is to divide up marital assets and property without getting divorced, it sounds like you already keep things separate. Don't change that. If you are worried about his financial irresponsibility, consult a local family law attorney that also deals with consumer law.
Re: Legal Separation - I want to be financially seperated from my husband
You would not be liable for most debts that your spouse incurred in his name so long as your name is not listed on the debt and you maintain separate bank accounts. The only possible liability could be for necessities of life such as medical care.
As a result, a legal separation is not necessary so long as you maintain your assets separately. Your credit would also be unaffected by your spouse's debts.
For Minnesota matters visit divorceprofessionals.com
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