Do I still have to pay for my ex-partner's debts after the divorce?
February 10, 2023 | 30,00 EUR | answered by Anna Richter
Dear lawyer,
My name is Tatiana Schwaru and I am in the process of getting divorced. My ex-partner and I have accumulated shared debts during our marriage, for which we are both liable. Now I am wondering if I will still be responsible for these debts after the divorce.
The situation is as follows: My ex-partner and I took out loans and incurred liabilities together during our marriage. We both signed the contracts and were therefore jointly responsible for the debts.
Currently, we are getting divorced and I am concerned that my ex-partner will no longer be able to pay off the debts. I am worried that I will have to bear the burden of the debts alone and be financially burdened as a result.
My question to you as a divorce lawyer is therefore: Do I still have to pay for my ex-partner's debts after the divorce? Are there any ways to protect myself from this financial burden? What legal steps can I take to ensure my financial security?
Thank you in advance for your support and I look forward to your expertise in this matter.
Best regards,
Tatiana Schwaru
Dear Mrs. Schwaru,
thank you for your inquiry regarding your joint debts with your ex-partner in the context of your upcoming divorce. The question of whether you will still be responsible for your ex-partner's debts after the divorce is an important and understandable concern.
In Germany, the principle of joint liability applies to jointly incurred debts. This means that both spouses are liable for the entire debt, regardless of who took out the loan or who incurred the debt. After the divorce, this joint liability remains unless specified otherwise in the divorce proceedings.
To protect yourself from the financial burden of your ex-partner's debts, there are various legal steps you can take. One possible way is to agree on a so-called matrimonial property regime clause in the prenuptial agreement or divorce settlement. This clause would specify that each spouse is only liable for debts incurred during the marriage. This way, you could protect yourself from your ex-partner's debts and only be responsible for the debts you actually incurred.
Another option is to agree on a payment plan or another amortization schedule as part of the divorce agreement. This way, you could ensure that the debts continue to be paid off even if your ex-partner no longer contributes. Additionally, you could also try to find a third party to act as a guarantor for the debts to protect yourself.
However, it is important that you seek timely and comprehensive advice on this matter. An experienced divorce lawyer can help you find the best solution for your situation and ensure your financial security.
I hope this information was helpful, and I am available to answer any further questions you may have.
Sincerely,
Anna Richter
Divorce Lawyer
