Current through the 2024 Fourth Special Session
Section 81-3-105 - Separate debts(1) A married individual is not personally liable for the separate debts, obligations, or liabilities of the individual's spouse that are: (a) contracted or incurred before marriage;(b) contracted or incurred during marriage, except family expenses as provided in Section 81-3-109;(c) contracted or incurred after divorce or an order for separate maintenance under Chapter 4, Dissolution of Marriage, except that the individual is personally liable for any support ordered by a court as described in Chapter 6, Child Support, or an administrative agency as described in Title 26B, Chapter 9, Recovery Services and Administration of Child Support; or(d) ordered by the court to be paid by the individual's spouse under Chapter 4, Dissolution of Marriage, and not in conflict with Section 15-4-6.5 or 15-4-6.7.(2) A creditor of a married individual may not reach the wages, earnings, property, rents, or other income of the individual's spouse to satisfy a debt, obligation, or liability of the individual under Subsection (1).Renumbered from § 30-2-5 and amended by Chapter 366, 2024 General Session ,§ 97, eff. 9/1/2024.Amended by Chapter 327, 2023 General Session ,§ 84, eff. 5/3/2023.Amended by Chapter 3, 2008 General Session.