Can You Abandon Your Spouse?
You are thinking of leaving the martial home. You happen to be the main bread winner in the family. Can you leave the home? Do you have to continue paying the bills? This question gets asked a lot.
Especially, when one spouse is financially dependent on the other spouse.
The general answer is no, you are not obligated to pay the bills. At least not unless a court order says otherwise, or you are in the military.
Is there such a thing as spousal abandonment?
“Spousal abandonment” sounds like a crime. Many spouses believe abandonment is the same as committing mutiny, abandoning your ship, or abandoning your military post. This is not the case.
There is no Nevada law against abandoning your spouse. There is no law forcing you to stay with your spouse, or to continue supporting them financially.
But if a document called a Joint Preliminary Injunction (JPI) has been filed, or if a court order for temporary support has been issued, or if you are in the military, you do have an obligation to financially support your spouse.
What is a JPI?
A JPI, or Joint Preliminary Injunction, is a court order that prevents both parties from making any “harmful” financial moves during the divorce.
When a divorce is filed with the court, you can request a JPI to be ordered. The JPI places a court order on both spouses to not transfer, conceal, sell, or dispose of any community property. Both spouses are ordered to keep status quo with their assets and debts.
This is not quite an order that one spouse must continue supporting the other spouse with money each month. But it does mean both spouses have an obligation to keep the house payments, car payments, and insurance. Which means both spouses will need to continue paying the bills like they did before the divorce was filed.
A JPI forces both spouses to not dispose of community property. Which means they must continue making payments on the asset or continue to cover insurance on the asset. If they don’t continue to make payments, the home could be foreclosed, the car could be repossessed, or the health insurance would not cover a medical bill.
If a spouse fails to follow the JPI, the court can hold them in contempt and make them fully responsible for the asset being lost or the debt incurred because of the missed payments.
What is a temporary support order?
Temporary support is like a financial life jacket during the divorce process. It’s different than a JPI. An order for temporary support is meant to maintain the financial status quo until the divorce is finalized. Temporary orders prevents one party from being left out in the cold—literally and figuratively.
Temporary support orders can detail who will continue to pay what bills. Or temporary orders can be an amount of money one spouse must pay to the other spouse. The point of temporary support orders is to make sure essential living expenses, such as housing, utilities, and groceries continue to be covered. It’s meant to ensure both parties can maintain their standard of living during the divorce proceedings.
The hiccup with temporary support is this order must be requested. It doesn’t get issued by the court automatically like a JPI. You must file a motion with the court asking for support and explaining why you need financial support.
What is the difference between temporary support and alimony?
Temporary support is, temporary. It lasts for the duration of the divorce proceedings. Temporary spousal support, sometimes called “pendente lite” support, may be awarded to help a lower-earning spouse manage financially during the divorce process. It’s like a financial bridge, helping them transition from married life to single life. Alimony, on the other hand, is post-divorce support.
Alimony can be temporary, rehabilitative, or permanent, depending on the circumstances. Temporary alimony might last for a set period, while rehabilitative alimony supports a spouse until they gain the skills or education needed to become self-sufficient. Permanent alimony is less common and typically reserved for long-term marriages where one spouse cannot become self-supporting.
The primary purpose of alimony is to provide financial support to one spouse who leaves the marriage without the ability to earn as much as their spouse. It aims to help them maintain a standard of living similar to what they enjoyed during the marriage. Alimony is determined based on various factors, including the length of the marriage, the financial condition of each spouse, their earning capacities, and contributions to the marriage. Courts have discretion in awarding alimony, and the specifics can vary widely.
Do active-duty military members have a duty to support their family?
Active military members are subject to Uniform Code of Military Justice (UCMJ). These are laws that apply only to active-duty military. Part of the UCMJ is a requirement to provide financial support to your family. A military member cannot financially abandon their spouse without repercussions.
The UCMJ does not provide a formula for how much the member must pay each month. They leave that decision to each branch of the military. Each branch has a general rule. Here is a list of general rules for each branch of the military; Military Policy Regarding Abandoned Spouses. Then each branch leaves the final decision on how much to be paid to the commanding officer.
What is the expectation of status quo?
One of the primary expectations during a pending divorce is to maintain financial status quo. This means that both parties should continue to pay bills and manage expenses as they did prior to the divorce filing. The goal is to prevent any disruption to the household’s financial stability and ensure that essential needs are met.
Both parties should ensure that utilities, insurance, and other household expenses are paid on time. This may require cooperation and communication to divide responsibilities or set up temporary arrangements. Expenses related to children, such as school fees, extracurricular activities, and healthcare, should be discussed as well.
You might not have violated a JPI or court order by not paying a bill, but judges can harbor prejudices for failing to maintain a financial status quo. Using your control over the community income to get behind in bills, have a car repossessed, or cause duress to your spouse, can lead to problems with your judge. Judges are human beings. They can find ways to compensate your spouse for your harmful actions. They may not be able to hold you in contempt for past issues, but your actions can influence their future orders.
Other than a JPI, a court order of financial support, or the military rule for support, you are not obligated to provide your spouse with money. However, don’t forget about your contracts or agreements that might force you to maintain the status quo. For example, mortgages, car loans, or insurance premiums. If you fail to keep these obligations, you could face lawsuits or financial issues.
Do I need to pay the mortgage or rent if I move out?
If you move out, you might think you’re off the hook for the mortgage or rent. But if your name is on the lease or mortgage, you’re still hooked. The landlord could evict you and sue you for the remaining balance of the lease. Making it harder for you to rent in the future. The mortgage company could foreclose on your home, file suit for the loan balance, garnish bank accounts, and lower your credit score.
Can I take my spouse’s name off the car?
Not until the divorce is complete. If your spouse’s name is on the title, you can only remove their name with their approval or a court order. If your spouse’s name is on the loan, you can only remove their name from the loan, if the loan company approves.
Regardless of whose name is on the title or mortgage, if you purchased the car during the marriage, it is presumed to be community property. Wait until the divorce is final before removing your spouses name from your vehicle.
Can I take my spouse’s name off the joint bank account?
Limiting your spouse’s access to a joint account could be a violation of the JPI. Remember, the court wants status quo. Removing a spouse from a bank account, savings account, or investment account is only recommended when you have a belief your spouse is going to withdraw the money and possibly waste it. If there are no indications they are looking to withdraw the money, you should leave their name on the account.
An alternative to taking a spouse off a bank account is depositing your paycheck in a different bank account. This is not usually looked at a violation of the JPI, as long as you continue to pay the bills necessary to maintain the community property. Nothing in the JPI says which bank account payments need to come from. You can have your check deposited into a new bank account, which your spouse does not have access to, and make the home and car payment from this account.
You can take your spouse of a credit card, or debit card, if you cannot afford their spending. Nothing against the law moving out. But moving out will typically impact your monthly budget. Communicate your budget or your plans to your spouse.
Don’t be afraid to communicate with your spouse. Let them know your intentions with paying bills, a budget, closing down credit cards, moving a paycheck to a separate bank account. Ask them what their intentions are with their wages, the joint bank accounts, etc. Let them know your plan. Let them know about your monthly budget and what you can and cannot afford.
We have always had separate bank accounts, is my account my separate property?
Not so fast! Even if your accounts are separate, the money earned during the marriage is usually considered community property. So, your account might not be as “separate” as you think. All the money you earned during a marriage, even after leaving the home, is community property.
Will the court force a spouse to share their paycheck?
In community property states like Nevada, income earned during marriage is typically considered community property. So, yes, the court can require wage sharing through temporary support orders. But each case is unique and will depend on the parties’ respective financial circumstances.
How can I afford an attorney if my spouse is the only one working?
If there is a significant difference in the financial resources of the spouses, the court may order the wealthier spouse to pay the attorney fees of the less financially secure spouse. In the case of Sargeant v. Sargeant, our courts have decided one spouse cannot use their wealth to bully the other spouse in court. In other words, one spouse cannot use their income to hire better attorneys. The court can order the wealthier spouse to help with attorney fees. This helps level the playing field, ensuring that both parties can afford divorce lawyers to present their case.
Should I pay child support if I move out?
Yes, you should pay something if you have children, you are the higher income earning spouse, and you moved out. Nothing will get a judge holding a grudge against you more than hearing you left the home and unilaterally decided to stop sharing your income with your spouse. Especially if they need money from you to pay bills for the children. Child support is for the well-being of your children, and the court takes it seriously.
Now, if you are paying the mortgage, the car payments, the utilities, etc., that is considered support in lieu of child support. Keeping the lights on, and food in the fridge, is all the court is looking for. You don’t need to pay additional child support until court ordered.
Back child support is another reason to pay some sort of child support if you leave the house. Arrears is another word for back child support. Nevada law allows the parent who has custody of the children to ask for up to four years of back child support.
Don’t confuse abandoning a spouse with abandoning children. Abandoning your spouse is different than abandoning your children. Leaving your children with the other parent for a good length of time might lead to the court to awarding your spouse primary custody of the children. Make sure to talk with a child custody attorney about keeping a custody schedule after you leave the home.
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