Does My Spouse Have to Pay the Bills Until We Are Divorced?

Who pays the bills when getting divorced?

Divorcing your partner in England and Wales raises a number of practical issues, one of which is the question of who pays the mortgage, council tax and other household bills when one of you moves out of the family home.

The first and most important thing to know is that you both remain liable (jointly and separately) for a joint mortgage under English Law regardless of who lives in the property (more on this below). The fact you are no longer cohabiting does not release you from the legal responsibility to cover the outgoings although what that responsibility looks like will depend on the fine print of your property ownership and your respective affordability.

That said, the situation may be complicated by the fact that one party may not be able to afford to pay their share of the bills after separating, particularly if they were previously reliant on their partner’s income. In this scenario, your solicitor may be able to secure temporary financial orders from the court in England and Wales to help cover your expenses until a final agreement is reached.

Who is responsible for paying the bills during a separation?

Many bills will need to be paid during the divorce process: the mortgage or rent, utility bills, council tax, internet/phone bills, and bills like private school fees. How these are split depends on whose name is on the paperwork.

• Home held in joint names

If you own the property jointly and the mortgage is in both of your names, then you both remain legally bound to make the mortgage payments. One person is not released from this obligation just because they move out.

The same principle applies to rental properties where both parties are listed as tenants on the lease agreement.

Most mortgages and leases are structured with joint and several liability. This means that you are responsible for the whole mortgage or rental payment, not just 50 percent of it. If there is a shortage in the monthly payments, both partners will be considered wholly responsible for failing to meet their contractual repayment schedule and late or missed payments will affect both of you.

• Home / bill held in one name

If the home is in the name of one spouse, or if only one person’s name is on the lease, it will ultimately be the responsibility of the named person to pay the rent, mortgage and bills. This is the case regardless of whether they are living at the property.

What happens if the bills are not paid?

Most married couples fall into a routine of sharing the various household expenses during the course of their marriage. It’s important to continue this routine until the divorce has been finalised where affordable. If one person is reliant on their ex for contributions to the household bills, they can face serious financial difficulties if their partner suddenly stops paying.

For example, arrears on any type of bill can lead to late fees and even legal action being taken against the person who is responsible for paying the bill. Your credit score may be affected if you fall behind with payments. In the worst case, the mortgage lender or landlord may start repossession proceedings, which can result in the loss of the home.

What can I do if my husband or wife stops paying their fair share?

If your ex-partner refuses to pay their share of the bills or cuts payments to a joint account, there are various things you can do.

First, if you can afford to cover the bills yourself in the short term, it’s important that you do so and keep a record of all payments made. Any debts that your ex racks up can be factored into the financial settlement when dividing assets, property and debts between you.

If you are struggling to shoulder the entire burden on your own, it may be possible to negotiate a voluntary arrangement with your ex-partner. Sometimes, a simple conversation can resolve the issue. Mediation can also be an effective means of reaching a mutually agreeable arrangement to prevent financial disputes while the divorce is being finalised.

• Read our blog post: NCDR Rules Guide Couples Away From Court

If all else fails, you can turn to the court for assistance. Your solicitor can make a number of applications for financial support, including an interim spousal maintenance application where you receive monthly payments from your ex to tide you over financially, before the Final Order is made in your divorce. This is called maintenance pending suit.

Maintenance pending suit is designed to make sure both parties can continue to meet their basic financial needs until a final settlement is reached. The court will determine the amount based on the needs of the recipient, having regard to their living expenses, and their ex’s ability to make the payments.

Bear in mind that interim orders are a temporary position only. When the divorce is finalised, things most likely will change.

The goal of a financial settlement on divorce in England and Wales is to permanently sever your finances, so you can both lead separate lives with the resources you need. If you remain in the former family home, for example, the court will probably expect you to take on full responsibility for the rent, bills and council tax payments from that point on. This will be reflected in the financial settlement so you know where you stand in the long term.

Speak to a specialist divorce lawyer

Ask our expert divorce lawyers about the options open to you. To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811