QUESTION
If we get divorced, can I be held responsible for her bills?
Asked on Nov 01st, 2013 on Divorce - Michigan
More details to this question:
My wife has credit card debt in her name only. It is a big problem in our marriage. We have no assets.
8 ANSWERS
Short answer is that you are responsible for any debt incurred during marriage. Exception is where the other spouse was misappropriate community credit for his/her own benefit. The the court can allocate extraordinary debt to the spouse who incurred it. You will need an attorney to help you weave your way through this kind of issue. Talk to a family law attorney in your community to make sure you are protected. Good luck.
Answered on Nov 05th, 2013 at 5:16 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on your Judge; some say any debt incurred by either spouse after the marriage is a family debt. Some judges will exclude debt in an individual name.
Answered on Nov 05th, 2013 at 5:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it is possible and in fact probable.
Answered on Nov 05th, 2013 at 5:14 PM
If the debt was incurred during marriage it is considered community debt and it would be half your responsibility. If you use mediation you can negotiate whatever is fair and equitable for your family.
Answered on Nov 05th, 2013 at 5:13 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, yes, you can be ordered to be responsible for a spouse's bills, but just because this *can* happen does not mean that it necessarily *will*happen in every case.
Answered on Nov 05th, 2013 at 5:13 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, if she acquired the debt during the course of your marriage, yes, there are instances where you can be held responsible for at least part of the debt. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.
Answered on Nov 05th, 2013 at 5:12 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Just because the credit card is in her name only does NOT necessarily mean you are off the hook. Most courts focus on what was charged on the credit card, in determining whether you are responsible for any of it. For example, if most of the credit card charges were attributable to her gambling that you had no part of, then that would likely be non-marital debt.
Answered on Nov 05th, 2013 at 5:11 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Arizona is a community property state, which means that not only all marital assets belong to each party, but also that the debt belongs to each party. In a dissolution even if the court orders her to pay the entire debt, that does not prevent the credit card company from attempting to collect from you. You should consult with an experienced family law attorney in your area to review this matter.
Answered on Nov 05th, 2013 at 5:11 PM