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Who pays the bills after separation

October 31, 2018

Spousal Maintenance and Divorce Spousal Support

Who pays the bills after separation, but before property settlement is finalised?

In the absence of Family Court orders, the usual contractual and property laws apply. For example, if your home is in joint names, you are both liable to pay the council rates. If your home loan is in joint names, so far as the bank is concerned, your contract says you are both liable to make the repayments.

If you wish to change this situation, you must seek orders from the Family Court. You might want to claim spousal maintenance from your ex-spouse, so you can pay your expenses. Alternatively, the Court may simply order your ex to continue paying the home loan repayments and indemnify you from any liability you owe to your bank for the time being.

If you have the capacity to pay, you might consider actually taking on the responsibility to pay your and the other party’s expenses because you may gain credit for your post-separation financial contributions. This may assist your final claim for property settlement. You need to consider the type of expense you might wish to pay and whether it may actually provide you with any benefit.

You should seek legal advice from an experienced family lawyer in relation to these issues before you enter into arrangements with your ex-spouse.

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