Legal Separation Liability

[artms]

What is the name of your state (only U.S. law)? Ca
I went to a lawyer a while back when exploring getting a legal separation. She didn't understand why I didn't get a divorce. She said it would be the same procedure and if we wanted to divorce later we would have to do the whole thing over again, doubling the expense.
She said when you're legally separated you are still married.
It's been a while and I'm back to thinking about it again.

We are older, he is near retirement. We've had this informal arrangement for several years. Now I'm beginning to think about the reality of aging and liabilities. I'm not sure of all the ramifications but I do think they are real and serious.
My question has to do with liability in extreme situations when legally separated as opposed to divorced.
Suppose there was a car accident, a lawsuit. If we are legally separated instead of divorced can I be implicated in terms of responsibility? Can they come after me if they can't get what they want from him? Can creditors come after me for his debts? If we choose to maintain a shared interest in property would we have a shared liability?
Suppose he had a health issue that became expensive. Would I be liable for the debt or would I be protected?
I'm sure there's a more succinct way to pose these questions but you get the gist of it.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ca
I went to a lawyer a while back when exploring getting a legal separation. She didn't understand why I didn't get a divorce. She said it would be the same procedure and if we wanted to divorce later we would have to do the whole thing over again, doubling the expense.
She said when you're legally separated you are still married.
It's been a while and I'm back to thinking about it again.

We are older, he is near retirement. We've had this informal arrangement for several years. Now I'm beginning to think about the reality of aging and liabilities. I'm not sure of all the ramifications but I do think they are real and serious.
My question has to do with liability in extreme situations when legally separated as opposed to divorced.
Suppose there was a car accident, a lawsuit. If we are legally separated instead of divorced can I be implicated in terms of responsibility? Can they come after me if they can't get what they want from him? Can creditors come after me for his debts? If we choose to maintain a shared interest in property would we have a shared liability?
Suppose he had a health issue that became expensive. Would I be liable for the debt or would I be protected?
I'm sure there's a more succinct way to pose these questions but you get the gist of it.What is the name of your state (only U.S. law)?

CA is a community property state, so as long as you are married, without even a legal separation, you are both legally entitled to the assets of the other, and both legally responsible for the debts/liabilities of the other.

A legal separation usually severs the ties regarding assets and debts, but if you have been informally separated for a long time, it might be better just to do for the divorce. Heath insurance issues are a factor in that decision, however, particularly with one of you being near retirement...possibly a big factor.

 

[artms]

Health insurance has been an issue. I'm not sure that I can still be carried on his insurance if we are legally separated. I'm not sure how to find that out. I have heard that some iemployers no longer allow that and I don't know if PERS falls into that area. It may be that it would be up to the employee to drop the ex-spouse and if they don't coverage continues.

We would probably want to continue ownership of property. We are currently joint tenancy. Would changing it to tenants in common protect at least half of the property from liability in case of a lawsuit or high medical expenses or could they still come after one of us if we are only separated and not divorced?

 

[LdiJ]

Health insurance has been an issue. I'm not sure that I can still be carried on his insurance if we are legally separated. I'm not sure how to find that out. I have heard that some iemployers no longer allow that and I don't know if PERS falls into that area. It may be that it would be up to the employee to drop the ex-spouse and if they don't coverage continues.

We would probably want to continue ownership of property. We are currently joint tenancy. Would changing it to tenants in common protect at least half of the property from liability in case of a lawsuit or high medical expenses or could they still come after one of us if we are only separated and not divorced?

If you are divorced, and are tenants in common, then yes, it should protect the other's ownership interest.

Health insurance depends on the employers rules, although from my observations as long as you are legally married, most employers won't try to cancel coverage.

 

[artms]

You said:
Health insurance depends on the employers rules, although from my observations as long as you are legally married, most employers won't try to cancel coverage.

Health coverage continues if married, but what about when legally separated?

 

[LdiJ]

You said:
Health insurance depends on the employers rules, although from my observations as long as you are legally married, most employers won't try to cancel coverage.

Health coverage continues if married, but what about when legally separated?

That was my whole point. If you are legally separated, you are still legally married.

 

[artms]

Gotcha. Thanks