Unless you have an agreement stating otherwise, 1/2 the marital debt will be yours. If your name is anywhere on the debts, you can be held liable, even with a divorce decree stating he must pay the debt. I think with insurance you can cover him until the divorce. My ex was ordered tp ay almost 4000.00 in debt from the marriage that was in my name. He did not. I eventually had to pay in order to start repairng my credit ( it dropped from 722 to a touch above 500 in a year). It cost me more than just the money he was supposed to pay. Intrest rated on my credit card (which I relied heavily upon during the beginng of the seperation and when he didn’t make child support payments. I would advise you to consult an attorney directly. You will probably end up paying alimony if he is unemployed. Watch out. It may seem more financially smart to stay in the situation because it will cost you to get out. But don’t be fooled, as many people on here can give testimonial to, it costs WAY more in the long run if one person has all the fiancial responsibility in the marriage. Document everyting.
There are two issues at play here, the first involves creditor/debtor law. If your Husband has credit cards in his own name, that you are not a cardholder on, this debt is his separate debt in the eyes of the credit card company. However, if this debt was incurred to pay for his medical expenses or other things the law defines at “necessaries”, the creditors could hold you liable for a portion of this debt. It is something that most creditors do not pursue.
The second issue involves the Equitable Distribution laws involving marital debt. Even though this debt is in his name, if it was incurred during the marriage, then half of that debt is your responsibility when you separate.
If you separate you can keep him on your insurance policy as long as the rules of your specific insurance plan allow you to do so.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Still married, but considering separation because he is not willing to go counseling or work out the differences. He leaves house without a word, does not come home for couple days and then show up saying “I need some time” and does not return calls and want to pickup like nothing happened. I have been forgiving him for years and he is emotionally hurting me very deeply and can’t physically continue the life as it is. He spends on credit cards, loans and took second mortage w/o my telling me and unable to pay so collectors are calling, but he just says “I’ll take care of it” and does nothing and the creditor does not want to talk to me. Am I liable for my husband’s personal debt? He has not contribute to family living expenses for years and I now am compel to pay his mistakes just to keep sanity. If legal separation take place, can I still cover him under my insurance. He is diabetec and unemployeed, discouraged and hurting and I hurt for him more then word can say. I think he feels trapped and I want to let him go to find his happiness, but I am worried about his welfare. I don’t have debt, but I am afraid the creditors will come after now.