When a marriage is broken beyond repair, many couples delay filing for divorce for a variety of reasons — hoping things might improve, avoiding the discomfort of legal proceedings, or simply feeling overwhelmed by the unknown. But what many people don’t realize is that staying legally married to a spouse you no longer share a life or future with can expose you to serious financial and legal risks, long after the relationship is emotionally over.
One of the most significant dangers lies in being financially tied to a spouse’s reckless or negligent behavior. In Kentucky, as in many states, spouses can bear legal and financial liability for one another’s actions while married — particularly when marital assets are involved.
Consider this example:
A couple is separated but still legally married. One night, one spouse goes out, drinks excessively, and causes a fatal car accident. That individual is, of course, personally responsible for any criminal and civil consequences. However, if a substantial civil judgment is awarded to the victim’s family, any jointly owned marital property or jointly titled accounts may be at risk of being used to satisfy that judgment.
This means the uninvolved spouse could see marital bank accounts drained, shared real estate liens placed, or future financial security jeopardized because of an incident they had no control over. It’s a devastating — but entirely avoidable — scenario.
The lesson is simple:
When a marriage has no realistic path to reconciliation, staying legally bound for convenience or fear of change can carry very real financial consequences. Divorce isn’t just about ending a relationship — it’s about legally separating your financial future from someone else’s decisions and risks.
If you’re in a marriage that’s effectively over, it’s worth having a candid conversation with a family law attorney about what liability you may currently face, and how formally dissolving the marriage can protect you from unintended financial devastation.
Your future safety, security, and peace of mind could depend on it.