# Why does alimony, child support, and separate maintenance income not need to be declared to banks?

**URL:** <https://boards.straightdope.com/t/why-does-alimony-child-support-and-separate-maintenance-income-not-need-to-be-declared-to-banks/663091>\
**Category:** Factual Questions\
**Created:** [July 10, 2013, 12:06am UTC](https://boards.straightdope.com/t/why-does-alimony-child-support-and-separate-maintenance-income-not-need-to-be-declared-to-banks/663091 "2013-07-10T00:06:54Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [July 12, 2013, 6:00am UTC](https://boards.straightdope.com/t/why-does-alimony-child-support-and-separate-maintenance-income-not-need-to-be-declared-to-banks/663091/21 "2013-07-12T06:00:55Z")

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> [@doreen](#):
>
> My guess is that it has to do with community property states. Legally separated people are still married and community property rules apply to them. What surprises me is that the lenders would even _want_ to distinguish between separated and other still-legally-married couples. They would probably be better off just asking if the person was married or unmarried. But maybe it’s not the lenders who want to make that distinction-perhaps the applicants want to signal that althought they are still married and community property statutes apply, the finances are completely separate and the spouse’s bad credit history shouldn’t be held against them and the lenders being forced to allow it.

Don’t community property settlement rules kick in based on valuation when the separation was established? So it’s all settled except the payout pretty much by then.

Also, IIRC, isn’t it the case that spouses are no longer obligated for each others’ debt with consent anyway now? (Used to be IIRC, debts were part of the common “property”).

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [July 12, 2013, 1:24pm UTC](https://boards.straightdope.com/t/why-does-alimony-child-support-and-separate-maintenance-income-not-need-to-be-declared-to-banks/663091/22 "2013-07-12T13:24:34Z")

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> [@md2000](#):
>
> Don’t community property settlement rules kick in based on valuation when the separation was established? So it’s all settled except the payout pretty much by then.
> 
> Also, IIRC, isn’t it the case that spouses are no longer obligated for each others’ debt with consent anyway now? (Used to be IIRC, debts were part of the common “property”).

While you’re still married , community property belongs to both people regardless of when the value might be set for a possible eventual settlement. Not all people with a legal separation end up getting divorced.  
Spouses aren’t usually responsible for each other’s debts, but I did see references to “community debts”- and if the new car (house ,boat ,whatever ) I bought and titled in my name is community property, it would make sense that the loan I took out in my name alone to buy it is a community debt.  
ETA Just found this [http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html](http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html)

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [July 12, 2013, 2:30pm UTC](https://boards.straightdope.com/t/why-does-alimony-child-support-and-separate-maintenance-income-not-need-to-be-declared-to-banks/663091/23 "2013-07-12T14:30:49Z")

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Thanks. The link answers that question…

> [@](#):
>
> After a **legal separation** or divorce, a debt is generally owed only by the spouse who incurred the debt, unless the debt was incurred for family necessities, to maintain jointly owned assets (for example, to fix a leaking roof), or if the spouses keep a joint account

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