Just as with property division, in Washington state all debts incurred during the
marriage are presumed to be split on a 50/50 basis.
One issue that regularly arises is the necessity to allocate responsibility for
such monthly payments as the mortgage, car, and credit card payments. Another
concern is the irresponsible creation of debt and liabilities (and draining of assets,
selling of assets) prior to the final conclusion of the divorce. It is important
to remember that just because you have separated emotionally or even living informally
apart, you may still be liable for everything your spouse does prior to entrance
of the divorce decree or other temporary order.
So what is the solution? Normally, when a client of mine has any such concerns
I quickly go to the Ex Parte department (a walk up section of the courthouse in
room W-325) which allows you to get an Order from a Judge prior to the other spouse
being aware of it, that separates responsibility for certain debts and restrains
certain actions, prior to entrance of the final decree. That Order is then
served on the other spouse.
The Order will prohibit irresponsible spending or draining of assets and puts the
public on notice that you are now financially separate from that point forward.