Family Law Blog

Property Division: Who Pays The Bills During A Divorce?

Thursday, August 17, 2017

stressed-couple-sitting-at-counter-paying-billsGetting divorced is the sort of thing that tends to eat up all your time and attention. You worry about your kids, you worry about your finances, you have to keep your court dates straight, file the right paperwork, and talk to your attorney to make sure everything is going smoothly. And that's if you and your partner are going your own ways amicably; if you're not, then you have to attend negotiations with someone who is trying to fight you on every ground involved in this divorce.

A lot of stuff can fall by the wayside while you're understandably involved in this process. Your social life, your hobbies, and even your career can all take serious hits from your divorce. It can affect practical things, too. Things you might not even think about when you first start your proceedings. Things like, whose job is it to keep paying your bills while going through this divorce?

Generally, It's Whoever's Name Is On The Account

When it comes to paying bills during a divorce, the answer is usually pretty simple; which name is on the account? That's who pays the bills, according to Simple Texas Divorce, because they're still that person's bills. If your spouse has a credit card or an on-demand movie account, those are still their bills, to be paid on-time just as if there wasn't a divorce proceeding going on.

That might sound simple, but things can get complicated when both of you are listed on an account, and you are both held liable for the bill. For example, say you're getting divorced, but you both still live together in the same house. If both your names are on the power bill, for example, then you're both on the hook for it. That means it's up to the two of you to figure out some way to cover the expense that is amenable to all parties involved.

However, this requirement needs to be reflected based on your current living arrangement. If you are separated, and each of you has your own places where you live, you should update your billing information to reflect that. Everything from credit cards and banking, to utilities and your Netflix account, should be divvied up, with each of you handling your own part of it whenever possible.

Lastly, though, it's important to remember that you can't just shut off a service during a divorce proceeding. Any account closures will need to be joint, and negotiations will have to involve both parties. Otherwise, that could cause further complications to the divorce. After all, it isn't just about what paperwork you submit, or what you say in court; it's about how you are living your lives, and what actions you're taking throughout the divorce process. Every action is throwing a stone into a pond, and the ripples can have consequences when the court makes a decision.

Can I Take Money Out of My Account?

It can get nerve-wracking, examining every financial decision through the lens of your divorce. However, as Bedrock Divorce points out, all of your shared assets as a couple will need to be assessed and split before you can both go your separate ways. That includes savings accounts, retirement accounts (like a 401k), and pretty much any other resources. Which is why it's important not to touch those accounts, or to do something like taking out a loan against your 401k, without communicating about it, and making sure it's something you both agree on. Sometimes you'll need to dip into these accounts to pay your bills while the divorce is going on, but any one-sided activity could hurt you when it comes time to divide the marital assets.

For more advice on what you can do to make your divorce go smoother in Texas, simply contact us today!