Separate debts paid with marital funds (no a gift)


#1

Hi,

I married in 2009, separated in 2013
In 2011, the IRS audited the business of my wife for the year 2008 (before our marriage), and she had to pay a tax adjustement for 2008 of $10,275. (I suppose it considered as separate debt ?)

We paid it with marital funds (from our common bank account)

How could I dispute that during the equitable distribution hearing ? (my thought was that I would be entitled of half of what we paid for her, I read somewhere that separate debt should not be paid with marital funds ?

Thank you


#2

Since the debt was paid during the marriage and was not in existence at the time of separation, it will not be accounted for in equitable distribution.


#3

so can I sue her for that ? how does that work ? do I have ground to claim it ?


#4

Since the debt was extinguished during the marriage and before separation, it will not be included in the distribution. You may however, have an argument that your payment of the same should be considered by the court as a factor to award you greater than 50% of the marital estate.