5 Things to Do if Your Spouse Won't Sign a Separation Agreement

You have made the difficult decision to separate from your spouse, you have moved out of the marital residence, and now you are trying to address the important day-to-day implications separation has on your finances. Your spouse, however, is angry or in denial about the separation and refuses to negotiate the terms of a separation agreement or sign a separation agreement. In this situation, there are a few things you can do to try to protect yourself financially until you can start settlement negotiations with your spouse in earnest.

1. Determine your marital assets and non-marital (separate) assets and debts. Which bank accounts, funds, stocks, mortgages, loans, and property are separate, and which did you acquire during your marriage? Make a list of your marital assets and your separate assets. Determining which assets are marital and which assets and debts need to be divided between the spouses is a great first step after separation. 
   
2. Run your credit report and check it for any changes and updates. If you aren’t sure exactly what marital debts currently exist or you are concerned that your debts are not being paid, it is wise to run your own credit report. You can easily see which debt accounts are still open and, if they are closed, you can identify the date of closure. If you suspect that your spouse has run up credit card debt for which you could be legally liable, a credit report will help you quickly identify and begin to address the issue(s). 
   
3. Cancel joint credit cards and separate marital debts. If you cannot come to a formal agreement regarding how to pay off or segregate joint debt, you can informally start trying to resolve debts. First, try to pay off joint debts together or, alternatively, divide the debt and initiate balance transfers to credit cards that are individually held by each spouse who will be financially responsible for the debt. 
   
4. Get copies of your financial statements and tax records. You will need these statements and records from the date of your separation and potentially up to three (3) years prior to determine your income for potential alimony/spousal support claims, child support obligations, what assets existed on the date of your separation, and many other important pieces of the divorce process. 
   
5. Set up a bank account in your sole name and transfer enough money to cover your bills. Do not completely drain joint accounts that contain marital funds, as those snap decisions can cause challenges during the settlement negotiation process. If you are being paid through direct deposit by your employer, make sure your paychecks are being routed into your own separate account.

Typically, a non-cooperative spouse will realize that they must eventually engage in the settlement negotiation process, and eventually you will get a separation agreement signed. Until then, following the tips above will help you set yourself up financially for life after your separation.  

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