SPECIAL RULES

Question 1

Special Rules Checklist

Answer 1

• Necessaries of Life
  
  • Separation
  • Divorce
• Child and Spousal Support
• Tort Obligations

Question 2

Necessaries of Life

Answer 2

During marriage, a non-debtor spouse’s CP and SP are liable for debts incurred by the debtor spouse for the necessaries of life

*e.g. housing, meals, clothes, medical care, etc

Question 3

Necessaries of Life - Separation

Answer 3

After separation, a non-debtor spouse’s CP and SP are still liable for the debtor spouse’s common necessaries of life

*common necessaries of life are those that are essential to sustain life

Question 4

Necessaries of Life - Divorce

Answer 4

Divorce severs the non-debtor spouse’s liability

Question 5

Child and Spousal Support

Answer 5

A child or spousal support obligation of a married person that does not arise out of the marriage will be treated as a debt incurred before marriage. The non-debtor spouse can shield her CP funds by depositing them into a bank account that cannot be accessed by the other spouse.

Question 6

Tort Obligations

Answer 6

Both SP and CP are liable for torts committed by either spouse during the marriage. If the tort occurred while the spouse was acting in the community’s interest, the liability will be paid first from CP, then from the tortfeasor spouse’s SP. However, if the tortfeasor spouse was not acting in the community’s interest at the time the tort occurred, the liability will be paid first from his SP then from CP.