Who Pays the Bills While a Divorce is Pending?
- Texas does not have formal legal separation, so separating from your spouse does not automatically change your financial responsibilities.
- If you remain in the same home, continuing to pay household expenses the way you did during the marriage may be the simplest temporary arrangement.
- Moving out does not automatically mean you give up your ownership interest in the marital home, but maintaining two households can significantly increase expenses.
- Do not simply stop paying a mortgage, car payment, or other important bill because you believe your spouse should be responsible for it. Missed payments could damage your credit or put property at risk.
- If you and your spouse cannot agree on who will pay certain bills, you can ask the court for temporary orders or use the Collaborative Divorce process to work toward an agreement.
What Happens to Your Bills When You Separate?
One of the first financial questions during a divorce is who will pay the mortgage, utilities, car payments, credit cards, and everyday expenses. Texas does not have a formal legal separation, so simply separating does not automatically end your financial responsibilities.
If you and your spouse continue living in the same home, you may decide to keep paying expenses the way you did before filing for divorce. Continuing this arrangement can make sense, particularly if you have children and want to maintain stability in the household.
What If One Spouse Moves Out?
Moving out does not automatically mean you are surrendering your ownership interest in the marital home. It does, however, mean that one household has now become two, which can significantly increase your combined living expenses.
You and your spouse can agree to divide certain expenses while living separately. For example, you could share the mortgage and utilities while each person pays individual expenses such as food, gas, and personal purchases.
This is also generally not the time to purchase another house. Buying a new home while you are separated can add another significant asset and financial obligation to consider during your divorce.
Do Not Simply Stop Paying the Bills
Refusing to pay a mortgage or another debt because you are angry with your spouse could create financial problems for you as well. Missed payments could affect your credit, increase the amount you owe, or even put property at risk. It certainly means that your “community estate” (your income as well as your spouse’s) will pay out more money for late fees and other penalties.
If your spouse stops paying a mortgage or another important bill, you may need to make the payment even if you believe your spouse should have paid it. Depending on the circumstances, those payments may be considered when the property is divided and can always be addressed through Collaborative Divorce or temporary hearing.
Whose Name Is on the Bill?
Do not assume that you can ignore a bill simply because the account is in your spouse’s name. A car loan may be in one spouse’s name even though the other spouse is driving the vehicle. A credit card may also include expenses that benefited both of you during the marriage. Who is ultimately responsible for an expense may not be as simple as looking at the name on the account.
What If You Cannot Agree About Expenses?
If you cannot agree on who will pay certain bills after filing for divorce, you can request a temporary hearing. A judge can issue temporary orders addressing matters such as who lives in the home and who pays particular expenses while the case is pending.
Collaborative Divorce provides another option. Instead of asking a judge, who is a stranger and doesn’t know you or your family, to decide who will pay expenses, you and your spouse can work with collaboratively trained attorneys and other team members to negotiate a temporary financial arrangement. This allows the two of you to retain more control over decisions involving your children, home, bills, and other expenses while the divorce is pending.
Contact Paula Lock Smyth Law Offices
Questions about who should pay the mortgage, household expenses, credit cards, or other bills during your divorce should be addressed early. At Paula Lock Smyth Law Offices, we work with clients to establish practical financial arrangements that fit their particular situation while their divorce is pending. To schedule a consultation, call (214) 420-1800 or contact us online.
Our office is located at 2911 Turtle Creek Blvd., Suite 300, Dallas, Texas 75219.
FAQs
Who pays the mortgage during a Texas divorce?
You and your spouse may agree on who will make the mortgage payment while your divorce is pending. If you cannot reach an agreement, you can ask the court for temporary orders addressing the payment.
Do I lose my interest in the house if I move out?
Moving out of the marital home does not mean you surrender your ownership interest in the property. Your property rights will be addressed as part of the divorce.
What happens if my spouse stops paying the bills?
If your spouse stops paying the mortgage or another important bill, talk to your attorney about what to do next. You may need to make the payment to protect your credit or property. Your attorney can help determine whether the payments you make can be considered when your property is divided.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers.
She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.
