During a New Jersey divorce, financial responsibilities such as mortgage payments, credit card debts, rent, and utility bills do not pause. Bills must still be paid even during the divorce process. However, divorce can bring uncertainty. Couples going through an NJ divorce may be confused about who is required to pay the bills while the divorce is pending. The question of who is required to pay the bills while a divorce is pending is a complex one. In New Jersey, the responsibility for paying bills while a divorce is pending can be handled in several ways. But when parties cooperate, it can certainly make things easier. However, it’s best to be prepared for the possibility of you and your spouse being unable to cooperate.
Who is Required to Pay Bills While Divorce is Pending in New Jersey?
You may be wondering what the law says about paying bills while a divorce is pending. No law in New Jersey outright states which party must pay household bills while a divorce is pending. The principles of fairness, the marital lifestyle, and each spouse’s financial status guide how this issue is addressed in courts. In New Jersey, the general expectation is that the parties will maintain the financial “status quo” during the divorce process. So, what does this mean? Generally, this means that bills should continue being paid as before the divorce filing. For instance, if one spouse was paying utility bills, they are typically expected to continue doing so.
Some divorcing spouses are able to reach an agreement on how bills will be paid while the divorce is pending, but even if there are disagreements, the above is the general expectation. But what about debts? When it comes to debts, it depends on whether they are individual or joint. Both spouses are typically responsible for paying joint debts. On the other hand, debts in one spouse’s name remain that spouse’s responsibility.
Temporary Support Orders
A common question spouses ask during the divorce process is whether they can seek temporary support for paying bills while the divorce is pending. In New Jersey, this is possible. Either party can request a temporary support order, which is meant to ensure essential expenses are covered while the divorce is pending.
In New Jersey, pendent lite support may be awarded to preserve the status quo while the divorce is pending. This type of support is determined based on the dependent spouse’s needs and the ability of the supporting spouse to pay.
What if a Spouse Refuses to Pay the Bills During Divorce?
If a spouse refuses to pay shared bills, the court can intervene. The court may issue an order requiring the spouse to contribute or take other actions to ensure the financial stability of both parties. Once an order has been issued, a spouse must comply. Otherwise, they might face consequences, including penalties or fines.
Contact Our New Jersey Family Law Attorney
If you are going through a divorce and need help paying bills while the divorce is pending, it is crucial that you seek the assistance of a qualified divorce lawyer. Contact our skilled New Jersey family law attorney at The Trabosh Law Firm for legal guidance.