Debt after divorce

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I both have debts. For him they were incurred during the marriage, ie: medical debt and some kind of federal ? student loans. My name is not on them. For one of them he forced me to give him my SS number and tax documents because the school told him the household income had to be considered. I did not file my taxes with him ever for good reason.
I have been told different things about if I can be made responsible for that debt.
I was told that the debtors can come after me if he does not pay his debts even after we are divorced. I was also told by an attorney that was doing a prose workshop “that is not necessarily true” if I have a separation agreement that states we will be responsible for any debts in our own names.
Most likely he will not sign the separation agreement. If it’s true that no matter what I do they can still hold me responsible then I just need to get on with this and file my papers to be finalized.

Thanks

2

His student loans may or may not be treated as marital debt. Generally, student loans are treated as separate debt. The debt incurred for tuition is likely not considered marital, but if he took out loans to cover ‘cost of living’ (food, housing, etc.), there could be an argument that those loans are marital. It really depends on what the loans were taken out for, and what the loan funds was spent on.

3

Could I be held responsible for his medical debt?

4

Yes, because North Carolina has the Doctrine of Necessaries, spouses are liable for medical debt of the other spouse for treatment that occurs during the marriage.