Names, Debts & Wills

Apart from family law issues, there are other things a separating couple should consider.

If you took your spouse’s last name during your spousal relationship, you might want to change your last name when your relationship ends. In Saskatchewan, eHealth deals with name changes.

After your relationship ends, you can simply choose to use any of the following:

• the last name that you were using at the time your spousal relationship ended
• the last name you were using immediately before entering into the relationship
• your birth name

You do not need to apply or pay any fee to change your name to any of the above choices. People who change their name as a result of a spousal relationship ending can do so at any time. If you want to change your name to something other than one of the above choices, you must make an application and pay a required fee.

People who were spouses but not legally married must, however, file a declaration with eHealth confirming that the spousal relationship has ended.

Changing a last name by election does not change your name on your Birth Registration or your Birth Certificate. Those who have elected to change their last name may also wish to change their last name on things such as bank accounts, health cards and drivers' licences. Agencies involved may require proof of the end of the relationship and may also charge a fee for issuing documents with a changed last name.

You can also apply to eHealth to change your child’s name, provided that:

• you are the legal custodian of the child
• you have the written consent of every other legal custodian of the child
• you have the written consent of the child if the child is over 14 years of age

Spouses often take out a loan together or co-sign for one another. A spouse is not automatically responsible to a third party for their spouse’s debts. As between third parties, the only debts both spouses are responsible for are debts where:

• one spouse co-signs the loan for the other spouse
• both spouses agree with the creditor that they are both responsible for the debt
• one spouse guarantees to the creditor the debt of the other spouse by signing a guarantee document

It is important to note that not being responsible to a third party is only part of the equation when talking about spousal debt. A person may be considered responsible for a portion of their spouse’s debt when it comes to dividing family property.

For example, during a spousal relationship one spouse may purchase a major appliance on a credit card that is in their name alone. As between the cardholding spouse and the credit card company, the cardholder is the only party responsible for the debt. The other spouse is not responsible to the credit card company for the debt.

However, one spouse may be able to claim that the other should share the responsibility for the debt as it relates to family property. This claim is between the spouses. It does not change the cardholder’s liability to the credit card company. The responsibility for the debt between the spouses can be dealt with as part of the division of their family property.

It is important for separating spouses to deal with jointly held credit cards, credit lines and loans. An agreement between spouses will not change the rights of a third party to get satisfaction for the debt from the party or parties that signed on for the debt. Spouses may wish to negotiate with the third party to have their name removed from the credit agreement. If this is not possible, it is important to have an agreement between spouses that clearly spells out who will be responsible for what.

Ending a spousal relationship can affect your Will. For example, if you name your spouse as your executor or leave part of your estate to your spouse, those parts of your Will are revoked or cancelled after you divorce. If the parties are not married, they are revoked after 24 months of separation unless you expressly say otherwise in your Will.

It is a good idea for separating couples to revisit their Wills. It is important to understand how separation and divorce can affect your Will. You should make changes as required, paying particular attention to any part of your estate that you still wish your spouse to inherit. You should also reconsider the naming of executors, trustees, and guardians of minor children.