QUESTION
Can my spouse be made resonsible for the $13,000 of pre-marital debts that I paid now that we are divorcing?
Asked on Sep 14th, 2011 on Divorce - Virginia
More details to this question:
We were only married for 2 years when we legally separated in the state of Virginia. My spouse had debts which were in their name ONLY that were in collections and they were contemplating bankruptcy. Being in the military I knew that if they filed bankruptcy it could have affected my security clearance. I took out a consolidation loan to cover these bills and paid off the debts that were in collections.
1 ANSWER
1 Award
A divorce court can only divide marital assets and debts that currently exist. So, if you still have the consolidation loan that you are paying back, then that is a debt that the court can allocate to either party or divide between the two of you. If you have already paid back the loan, then there is nothing for the court to divide. The court is not going to back in time to look at how money was spent during the marriage.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Sep 30th, 2011 at 12:01 AM