My divorce is final; however, we never signed a separation agreement. What happens to credit card debt from the marriage? Is it split 50/50? A link to the statute would be helpful, too.
Thanks.
I’m sorry, but if you did not sign a separation agreement then whatever financial situation you are in now, stays the same. You can not go back after absolute divorce is final and get equitable distribution, it must be at least filed for prior to the judge signing the divorce.
If you did not allocate your assets and debts prior to the divorce you cannot do so now. The debt will remain as it is titled.
I know it’s a long shot, but what if I file a claim to try to get my x-spouse to pay half? We do have a separation agreement that we agreed to in front of a mediator - my x-spouse just never signed it, so maybe I could prove intent? The reason I am asking is because I want to go ahead and pay half of my debt so I no longer continue to pay interest. If I file a claim, will the debt be then looked at as current? In other words, what was there that I paid would not be considered? I just want to make sure that I don’t mess anything up by paying half of the debt.
You are not eligible to file an equitable distribution claim as you are no longer married. The unsigned agreement is not of any use in court.