We have been married for 20 years. For 14 years, I was disabled on dialysis and could not work, But I had a kidney transplant and was able to return to light duty work. For the last 8 years, my spouse became disabled because of bad nerves but for the last 6 years was able to go back to part-time work. Through the years due to not enough money to pay all the bills, the property taxes fell behind. We are about $10.000.00 behind as of today. Also, credit cards were used for repairs like roofing, heating, AC, pay property taxes, and other bills to keep from losing the home. The credit cards total is over $20.000.00. Also a $3000.00 water bill. The mortgage has always been behind 2 or 3 months. The mortgage (SBA Loan), the $3000.00 water bill, the property taxes, and credit cards are all in one spouse’s name. (The other spouse had bad credit) Now that we are going to separate and then divorce in one year. Are both responsible for the debts: The mortgage (SBA Loan), the $3000.00 water bill, the property taxes, and $20,000?00 credit cards. And can one spouse get alimony payments?
Both spouses are responsible for all marital debt regardless of whose name it is in. Marital debt is debt acquired during the marriage and for a marital purpose (or a joint marital benefit). Mortgage, water bill, property taxes, and credit cards for repairs, bills, etc. would typically be marital debts.
One spouse can get alimony from the other if that spouse is the dependent spouse (actually substantially dependent on the other spouse for their maintenance and support) and the other spouse is the supporting spouse.
For more detailed information on alimony, check out our article Will You Owe Your Spouse Alimony After a Divorce?
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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