A Georgia judge can stop your spouse from charging things to your credit during a divorce, but cannot stop your spouse from borrowing in his or her own name.
The Case That Draws the Line
Barnett v. Barnett, 231 Ga. 808 (1974), is the Georgia Supreme Court decision on this. After awarding the wife temporary alimony, the trial court entered an order enjoining both parties “from creating any new or additional indebtedness by the use of charge cards, charge accounts or other extension of credit to them.” Neither spouse had asked for that provision; the judge added it on his own.
The Supreme Court struck it down in part. It held that the trial court “was authorized to prohibit the wife from using the credit of the husband for necessaries but not to enjoin the wife from incurring personal liability.” Because she was free to contract as to her own separate estate, the portion of the order barring her from using credit in her individual name was, in the court’s words, “legally ineffectual.”
What That Means in Practice
The distinction is between whose credit is being used.
- A court can order your spouse to stop putting charges on your account, your card, or your credit generally.
- A court cannot order your spouse to stop opening or using an account in his or her own name, because that debt is your spouse’s own obligation.
Debt in Your Own Name Is Still Not Free
Debt your spouse runs up in his or her own name can still be allocated between you when the court divides the marital estate. Not being enjoined from doing something is not the same as it being free of consequence.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!