I’m trying to get my divorce and my wife has stated that since she didn’t pay any bills while we were married she doesn’t have to be responsible for any of the debt that was accumulated during the marriage. My question is this she is asking for spousal support but feels that I need to be responsible for all debt that was acquired during the marriage…is there any way that will happen or will there be a 50-50 split of all the bills?
All marital debt is divided equally as are the marital assets. If your wife did not work, then she will be eligible for spousal support, but she is still responsible for 50% of the marital debt regardless of who actually paid the bills. The exception to this would be if you signed something agreeing to accept full responsibility of all marital debt.
My husband’s ex did much the same thing, but he did her a favor by getting her virtually debt free when she left him. Though she assumed he would still be responsible for any other debt she owed even after their separation.
If she is awarded spousal support, it will likely only cover a portion of her bills currently and would probably not be enough to get her out of her portion of marital debt. A lot of people are under the assumption that because their spouse leaves them, they will be able to maintain the same lifestyle that they had previously. This is not normally the case and it usually makes them very bitter. It’s understandable to some extent because they did not choose this, but it’s unrealistic to think that your ex is going to continue to pay your way through life simply because they chose to leave.
The marital estate will be divided equitably, which normally accounts for each spouse taking one half of the total martial estate. In other words the assets and debts are totaled and split. Spousal support is intended to help the dependant spouse pay bills moving forward, however your spouse will have to contribute to her upkeep as well.