QUESTION
Is my husband 1/2 liable for this marital debt?
Asked on Mar 17th, 2013 on Divorce - Michigan
More details to this question:
I was relocated with my old company and did not accept the transfer due to my husband's job and the children not wanting to move. The family made the decision that I would go back to school and get my master's degree. I accumulated $72,000 in debt. Since, my husband has filed for divorce. I did this to improve the financial stability of the family.
7 ANSWERS
John Arthur Smitten
This is marital debt however the court will likely make you pay for it unless you want to fork over half your earnings each year every year after the divorce is over.
Answered on Mar 19th, 2013 at 12:23 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You could try to impose half the debt on him in the course of the divorce negotiations, or in a contested hearing. However, since the advantage of the education stays with you even after the divorce, it will probably be hard to convince him, his lawyer, or a judge that he should carry one-half the burden. There might be some formula a resourceful lawyer could come up with which would charge him an appropriate percentage of the total debt.
Answered on Mar 18th, 2013 at 10:22 PM
All debts that are incurred during marriage are community and subject to division as part of the dissolution proceeding.
Answered on Mar 18th, 2013 at 9:42 PM
Your school loans are your debt. You are the one who benefited from the education.
Answered on Mar 18th, 2013 at 9:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Your student loans belong to you alone as you got the degree. There's an argument that if the community paid student loans it could be reimbursed if the education benefited the community (higher earning) but it it's all debt, then it's all yours.
Answered on Mar 18th, 2013 at 9:31 PM
Michael Paul Vollandt
If you had a student loan that is your separate debt. If it is just general credit card type debt he is liable for one-half until separation date. If you acquired debt after date of separation it is your separate debt.
Answered on Mar 18th, 2013 at 9:30 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Interesting.. this question just came up in a conversation with a friend of mine who is a divorce mediator.. You can claim that your husband is 1/2 liable.. but then he might be able to claim that your increased earning potential is also a marital asset.
Answered on Mar 18th, 2013 at 9:30 PM