My husband and I divorced over three years ago, but are still in heated battle over alimony, marital debt and the ED. He is wanting me to take most of the debt and pay him a large chunk of my income in alimony. I found out after our divorce that a year before separation we had no marital debt at all other than our mortgage, our marital debt today is over $75,000 in credit card debt and it all began with around $25,000 of covenience checks he wrote to himself off my credit cards. He continued to add $25000+ to our marital debt the last year of our marriage and another $25,000 the year of separation. He took care of the bills, so I had no idea. We are under the temperary order right now where I pay him PSS and I’ve been given some of the debt that was accrued by him during the year of separation. I’ve tried to tell my attorney I don’t think this is fair, but I don’t think I’m being listened to. Doesn’t this constitute as reckless spending? I didn’t list it as a reason for the divorce initally because I didn’t know about it until I started doing my digging, can I still claim reckless spending and argue for him to keep the debt out of the marital debt and use it as an arguement against paying him alimony? My credit is ruined and my debt to income ratio prevents me from even getting a small loan. The only credit card I used was only for business and has since been paid off.
It may constitute as reckless spending depending on all the facts, and that will be a matter for the judge to determine at the ED hearing.