As of January 1, 2025, Connecticut has taken a significant step in addressing the financial abuse often experienced by domestic violence survivors by enacting new legislation regarding coerced debt. This law may have substantial implications for assigning debt liability in divorce cases where domestic violence is a factor. At Wolf & Shore Law Group, we’re committed to keeping you informed about legal changes that may impact your family law matters.
What is Coerced Debt?
Coerced debt occurs when one party in a relationship forces, manipulates, or fraudulently compels the other party to incur debt. This can include taking out loans, credit cards, or other financial obligations without the victim’s consent, or through other deceptive means. Coerced debt is a form of economic abuse, which is a tactic often used in abusive relationships to exert control over the victim.
Key Provisions of the New Legislation
The new Connecticut law acknowledges coerced debt as a distinct issue and provides specific guidelines to protect victims in both criminal and civil contexts. In family law, these provisions include:
- Recognition of Coerced Debt: Courts will now recognize coerced debt as a form of abuse. This means that victims can present evidence of coerced debt during divorce or financial disputes.
- Burden of Proof Adjustments: Victims may provide documentation, testimony, or other evidence to demonstrate that certain debts were incurred under coercion. The burden of proving the debt was coerced lies with the victim but can be supported through a variety of means, such as financial records or witness statements.
- Relief from Liability: If the court determines that debt was coerced, it can assign liability for that debt solely to the abuser, removing or reducing the victim’s responsibility for repayment.
- Protection of Credit: The legislation also includes provisions aimed at helping victims repair their credit histories, which may be applicable in dissolution Court Orders.
Implications for Divorce Proceedings
The new law has significant implications for divorce cases involving domestic violence:
- Fair Division of Debt: In divorce proceedings, the court typically divides marital debt equitably. With the new law, victims of coerced debt can request that these financial burdens be reassigned to the abusive party, ensuring a more equitable outcome for the victime.
- Enhanced Evidence Requirements: Victims will need to provide clear evidence of coercion to the court in order to shift the liability to the other party. Working with experienced family law attorneys, such as those at Wolf & Shore Law Group, can help ensure that your case is presented effectively.
- Economic Freedom: By alleviating the burden of coerced debt, this legislation helps survivors of domestic violence achieve financial independence and security after their divorce.
How Wolf & Shore Law Group Can Help
At Wolf & Shore Law Group, we understand the complexities of divorce cases, especially those involving domestic violence and financial abuse. Our team is here to provide compassionate, comprehensive legal representation to help you navigate this difficult time.
If you believe coerced debt may be a factor in your divorce, it’s important to act quickly to protect your rights. Contact us today to schedule a consultation. We will work with you to gather the necessary evidence, advocate for your interests in court, and help you achieve the fresh start you deserve. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Click here, call us at 203.745.315, or email us at info@wolfandshorelaw.com.
