Katchie

I'm curious if filing a legal separation would protect me from drunk idiot mistakes? For instance, when he drinks, he drives. I think drunk driving is like playing Russian roulette and eventually you're going to pull the trigger and that bullet of destruction will be there. I don't want to be in the way of that moment he drinks, drives, and kills someone. It's a nasty game to play and our family will be the one to suffer, not just the alcohol abuser.

Thought from anyone in the legal field or who has filed for a legal separation?

Hangnbyathread

I filed for legal separation during my divorce. And my state may differ from yours. But once that was filed, her actions became hers and my actions became mine.

However, and this is where the attorneys can help you, if say for instance he got into a car crash where there were injuries, I don't know if you would be shielded from liability on things like that as long as your still legally married.

My ex ran up bills after our separation. They actually made an attempt to get me to pay on her past due car note. But one phone call ended any further attempts.

Good luck. I'm sure one of the attorneys here will chime in.

MissFixit

i am not an attorney, but do know that if his name is on stuff (bank, retirement, house) that stuff is fair game if he hits someone.

i think there is someone here from your state but I forget who it is. maybe they would know?

Katchie

Im trying to do a little research on my own here....that consists of Google.. :-)

It appears in my state of Oklahoma we are an equitable distribution state, which, according to what I'm reading, that means it will at least protect me from any future debt he gets. But, would it shield me from things regarding drunk driving? I know lawyers will find any pockets they can, and in the instance of death related to drunk driving, should for those who survive.

Katchie

I have two accounts that are in my name alone. I can make transfers from our joint and savings account to my single account anytime I want via my phone app.

Ifnotforgrace

Legal Separation gives you limited protection. There are still likely to be joint assets (house?) that can be attached via a lien if either party should incur a substantial debt (like being sued).

Consults with attorney's are free and even if you don't get the legal paperwork. Separate what you can (bank accounts, car titles) to avoid as much liability and access from the addict as you can. It's Ok to remain as POD (Payment on Death) on accounts..just not joint.

Joint anything with an active alcoholic or addict is never prudent since honest and responsible are not characteristics of addiction. Addiction is progressive; left untreated it will not get better on it's own..it will get worse.

lillamy

Consult a lawyer. It is different from state to state. In some states, you can file for legal separation while living under the same roof -- in some states, you have to be physically separated for a period of time. My state let me file for separation 12 hours after I left.

Hangnbyathread

And P.S. I got an umbrella policy for me to shield me from those "just in cases". Very easy to do and you can sleep at night.

Katchie

That is interesting, thanks

LexieCat

Good advice here--you really MUST talk to a lawyer who practices in your jurisdiction. Tell him/her exactly what you're worried about and s/he can advise you on how best to protect yourself and your assets.

HollyC88

Drinking and driving was my AEXBF's main thing he did! Soooo dangerous and upsetting... I hope you figure something out!

Hugs!!!!

Hangnbyathread

I also lived in an Equitable split state.

Yes you can. PRIOR to being legally separated. Transfer it, but don't spend it. There is a term called "willful dissipation of assets" that will be claimed if you clean out the accounts and it disappear. But you own anything jointly as much as he does at this stage, and therefore can transfer it as you wish.

Anything that you put in after separation, show where it came from and be prepared to account for what was your vs what was ours in these accounts. Trust me financial disclosures can make or break you in a divorce proceeding. Account for it like its a 3rd grade class you are teaching. Do this to show full transparency. If the judge even thinks you are being underhanded, you will get a whack from the courts. My exwife's attorney went to the Bernie Maddof school of accounting and they paid dearly for it in the end.

LexieCat

I agree with the above, with one caveat. You can spend it for normal living expenses. You do need to keep track of it, though, and be able to account for it. IOW, you could use the money to get your hair done, to buy groceries, to fix your car, but not to buy a Ferrari.

headcase1

I would contact a lawyer & keep detailed notes.

Hangnbyathread

Correct. If I didn't elude to that I should have. There is nothing you need to worry about if you spend it on normal relateable, expected expenses. In other words to comply with the same obligations as you did prior to separation.

Any new debt or obligations, post separation, will be yours UNLESS they are to support a martial asset. ie. The house needs a repair and you spent X to do so, that would be marital assets used to support marital assets.