If I personally pay off some of our marital debit after our separation, would my spouse still be responsible for compensating me in some way since it was debt accrued during the marriage? Would I be entitled to that amount extra in assets? I want to pay off some of our credit card debit but don’t want him to not be responsible for it just because I paid it after we separated.
Yes, it is possible to receive a credit or an offset in equitable distribution of any marital debt that you paid down or paid off after separation but before distribution. The amount you would be entitled to would be determined by looking at an equitable distribution balance sheet with all the marital assets and debts included as well as the credit to you for paying down/off marital debt.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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