My ex wife and I are still going through the equitable distribution phase. Our marriage fell apart mainly due to her refusal to work and financial irresponsibility. She has a master’s in education and worked during our marriage once for 6 months and another time for 2 months as a teacher.
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She incurred over $100k in student loans PRIOR to our marriage. She listed her student loan debt as marital debt on the ED worksheet. She did not use her education in anyway to benefit the family. Did not help with any of the bills and when she did work
Briefly her pay was deposited into her own personal bank account that I was not on. Can I be made to pay a portion of her debt? -
She came into the marriage with more than $40k in credit card debt for cards she told me were closed. On the ED worksheet she listed all these debts as marital debt and is trying to make me pay half. During our marriage I can show that she funneled money out of our account to make payments on these cards that I assumed were closed and being paid off. Can I be made to pay half?
She apparently was using these cards during our marriage however there is nothing that was purchased for the household. I have asked for credit card statements to see what she was buying during our marriage cause there is nothing that we have that I didn’t buy from MY income. She had refused to provide credit card statements.
How will the court determine what debt was incurred before the marriage? Will my wife have to show proof that these credit cards were used for purchasing stuff for the marriage/household? I know she can’t because she didn’t.
How does the court determine that the debt is separate or marital when I claim that she had these debts before marriage but she claims that they are marital debt? She doesn’t deny that she had these cards before marriage or that she incurred her student loans before the marriage but her attorney still filed her ED affidavit claiming that these are marital debt.