What happens if my ex-partner incurs new debts during the divorce?
January 14, 2024 | 40,00 EUR | answered by Erwin Evers
Dear lawyer,
I am reaching out to you as I urgently need advice regarding my divorce situation. My name is Selma Stricker and my ex-partner and I are currently in the midst of a divorce process. Unfortunately, I recently found out that my ex-partner has incurred new debts, even though we had agreed not to take on any new liabilities during the divorce.
This development is causing me great concern as I fear that these new debts could have an impact on the financial settlement payment as part of the divorce. I am currently unsure of how to handle this situation and what steps I can take to ensure my financial security.
Therefore, I would like to ask you about the consequences of my ex-partner incurring new debts during the divorce. How can I protect myself against this and what legal steps can be taken to address this unexpected development?
I would greatly appreciate your professional advice and support in this matter as I am unsure of how to proceed. Thank you in advance for your help.
Sincerely,
Selma Stricker
Dear Mrs. Stricker,
Thank you for your inquiry regarding your divorce situation and the new debts that your ex-partner has taken on during the ongoing divorce process. I understand that this is a stressful situation for you and that you are concerned about your financial security.
In terms of the impact of the new debts on the financial settlement in the divorce, it is important to know that in Germany, the principle of marital property equalization (Zugewinnausgleich) applies. This means that assets acquired during the marriage are to be divided between the spouses. Debts incurred during the marriage are also taken into account.
So, if your ex-partner has incurred new debts, these could potentially be factored into the marital property equalization. This means that in the context of the divorce, you may be able to claim a higher financial settlement to offset the new debts.
To protect yourself against your ex-partner's new debts and ensure your financial security, I recommend that you consult with a lawyer as soon as possible to discuss your legal options. Your lawyer can assess to what extent the new debts can be considered in the marital property equalization and what steps can be taken to protect your interests.
For example, you may be able to file for interim measures to ensure that the new debts are taken into account in the calculation of the marital property equalization. Your lawyer can help you reach an agreement with your ex-partner or, if necessary, initiate legal proceedings to secure your financial claims.
In any case, it is important that you gather all relevant information and documents regarding your ex-partner's new debts and provide them to your lawyer so that they can assess and represent your situation to the best of their ability.
I hope that my response has provided you with some initial guidance. However, for comprehensive and individualized advice, I strongly recommend that you consult with a lawyer to clarify your legal options in this complex situation.
I am available to answer any further questions you may have. I wish you success and all the best in your divorce situation.
Sincerely,
Erwin Evers, Attorney at Law
