HI. I have been separated for a tad over a year now. Haven’t started divorce papers for lack of money, really. I recently discovered my ex has maxed out two credit cards that are also under my name - one of which I didn’t even know was still open (was supposed to have been closed back in 2014). Will I be made responsible for paying some of his debt (about $15K), even though most of it was acquired after we separated?
(we never drew a separation agreement)
You will be liable for the debt in your name by the credit card company. However, in order to have the debt removed from your name since the debt is his separate debt (acquired after the date of separation), you would need to file a claim in court for equitable distribution (ED). An ED court order will distribute the marital assets and debts and could order your husband to transfer the debt in your name to his own or pay off the debt in your name if it is indeed his separate debt.
It is very important that the absolute divorce not be granted before the claim for equitable distribution is filed and pending with the court. Otherwise, if the absolute divorce is granted and there is no equitable distribution claim pending or no final equitable distribution order in place, then the courts lose jurisdiction to classify the marital and separate property and to divide the same.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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