Is she adequately protected and able to move on?

[dia12]

What is the name of your state (only U.S. law)? Illinois

A series of surprise, possibly criminal, financial improprieties caused my friend to leave her husband after a 30+ year marriage. She left without ANY assets. She has been legally separated for many years but does not believe in divorce for religious reasons.

Once separated she filed for bankruptcy. 5 years later, she is back on her feet and wishes to purchase her first home. Our concern is that despite the separation and bankruptcy, without a divorce, she may still be liable for whatever else this man may have gotten himself into in the years since or hereafter.

Is she adequately protected and able to move on?

Thanks.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois

A series of surprise, possibly criminal, financial improprieties caused my friend to leave her husband after a 30+ year marriage. She left without ANY assets. She has been legally separated for many years but does not believe in divorce for religious reasons.

Once separated she filed for bankruptcy. 5 years later, she is back on her feet and wishes to purchase her first home. Our concern is that despite the separation and bankruptcy, without a divorce, she may still be liable for whatever else this man may have gotten himself into in the years since or hereafter.

Is she adequately protected and able to move on?

Thanks.

If she is truly LEGALLY separated, then she should be fine.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Illinois

A series of surprise, possibly criminal, financial improprieties caused my friend to leave her husband after a 30+ year marriage. She left without ANY assets. She has been legally separated for many years but does not believe in divorce for religious reasons.

Once separated she filed for bankruptcy. 5 years later, she is back on her feet and wishes to purchase her first home. Our concern is that despite the separation and bankruptcy, without a divorce, she may still be liable for whatever else this man may have gotten himself into in the years since or hereafter.

Is she adequately protected and able to move on?

Thanks.

She needs to talk with an attorney with all the details. In particular, there are rules in place to protect innocent spouses in some cases, but without more detail, it would be impossible to say if they apply.

 

[mistoffolees]

If she is truly LEGALLY separated, then she should be fine.

Not necessarily. Since she separated BECAUSE OF the financial improprieties, they occurred while she was married - NOT after her separation. Depending on what is involved, she may very well be involved. If, for example, it involved tax fraud and they filed as married, joint, the IRS could easily come after her. She MAY be able to use innocent spouse arguments to protect herself, but needs to talk with an attorney. I would absolutely NOT assume that she is clear.

 

[LdiJ]

Not necessarily. Since she separated BECAUSE OF the financial improprieties, they occurred while she was married - NOT after her separation. Depending on what is involved, she may very well be involved. If, for example, it involved tax fraud and they filed as married, joint, the IRS could easily come after her. She MAY be able to use innocent spouse arguments to protect herself, but needs to talk with an attorney. I would absolutely NOT assume that she is clear.

I would agree if she had not filed bankruptcy after the separation and if 5 years had not passed since the bankruptcy. The bankruptcy would have brought to light and either erased any issues, or clearly outlined what issues could not be erased. Any tax issues would have reared their heads by now as well.

Therefore, as long as her separation was a legal one, there is nothing that is likely to be unknown to her.

 

[Zigner]

What is the name of your state (only U.S. law)? Illinois

A series of surprise, possibly criminal, financial improprieties caused my friend to leave her husband after a 30+ year marriage. She left without ANY assets. She has been legally separated for many years but does not believe in divorce for religious reasons.

Please advise your friend that she should get DIVORCED. She can't play the "religion" card as an argument against divorce when she is not living with, honoring and obeying her spouse (I would say the same thing to a man)

 

[mistoffolees]

I would agree if she had not filed bankruptcy after the separation and if 5 years had not passed since the bankruptcy. The bankruptcy would have brought to light and either erased any issues, or clearly outlined what issues could not be erased. Any tax issues would have reared their heads by now as well.

You really love making assumptions. What if the tax issues had NOT reared their head? There are also some financial issues which are not wiped out by bankruptcy (OK, not many, but some).

She needs to speak with an attorney rather than making assumptions about what she HOPES is the case.

 

[LdiJ]

You really love making assumptions. What if the tax issues had NOT reared their head? There are also some financial issues which are not wiped out by bankruptcy (OK, not many, but some).

She has been separated at least 5 years. If the tax issues haven't raised their heads by now, they are not going to raise their heads. Of this I am certain, since tax is what I do for a full time living.

Yes, there are some financial issues that are not wiped out by bankruptcy. However, those issues would have come to light during the bankruptcy and would be known to her. Therefore no surprises.

She needs to speak with an attorney rather than making assumptions about what she HOPES is the case.

She can certainly get a consult with an attorney if she wants to. It certainly cannot hurt anything. However, that doesn't change the fact that based on her set of facts, and the amount of time that has passed, there isn't going to be anything out there to surprise her.

 

[mistoffolees]

She has been separated at least 5 years. If the tax issues haven't raised their heads by now, they are not going to raise their heads. Of this I am certain, since tax is what I do for a full time living.

Yes, there are some financial issues that are not wiped out by bankruptcy. However, those issues would have come to light during the bankruptcy and would be known to her. Therefore no surprises.

Yes, if you make enough assumptions, you can justify all your mistaken advice.

The fact is that there COULD be tax issues that she's not aware of - since she says her husband did some things that are probably illegal. Given the possibility of that, advising her that she's safe is irresponsible. She needs to make sure she's safe - and can't do that without explaining everything she knows to an attorney who can advise her.

 

[LdiJ]

Yes, if you make enough assumptions, you can justify all your mistaken advice.

The fact is that there COULD be tax issues that she's not aware of - since she says her husband did some things that are probably illegal. Given the possibility of that, advising her that she's safe is irresponsible. She needs to make sure she's safe - and can't do that without explaining everything she knows to an attorney who can advise her.

Good lord...you really cannot stand anyone giving anyone different advice than you are giving, can you?

How about from now on, you give your advice, and I will give my advice, and we let the posters decide who they feel is more credible?

 

[mistoffolees]

Good lord...you really cannot stand anyone giving anyone different advice than you are giving, can you?

How about from now on, you give your advice, and I will give my advice, and we let the posters decide who they feel is more credible?

When you make an obvious mistake, someone needs to point it out. That's what I'm doing.

I don't mind people giving different advice than I do. I just mind when people give incorrect advice - like your continued insistence that pre-tax and after-tax dollars are equivalent and should be traded off 1:1.