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Debt after separation

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green11

Member
What is the name of your state? TX

We are going through the discovery, and since the separation, my STBX has accumulated more debt. He has a loan from his father for $20K and about $10K in new credit card debt.

Since he was without a job for 5 months, he accumulated that debt to cover basic living expenses, nothing extravagant that we can see. So it doesn't look like he violated the temporary orders.

Does we split that debt 50/50 when we split the rest of the marital assets? Or is that all his own debt since it was accumulated after separation.

Thanks!
 


VeronicaLodge

Senior Member
it should be just his debt, did you have a legal separation? and/or did he obtain this debt after the filing of divorce papers?
 

green11

Member
We filed for divorce before the debt was accumulated.

But someone told me it would be community debt since we are still technically married and the debt was acquired to pay living expenses.

Thanks!
 

StampGirl

Senior Member
Correct me if I am wrong but isn't debt accumulated after divorce papers are file seperate?

I know my ex accumulated some debt during our divorce but it wasn't included in our "marital debt".
 

Ohiogal

Queen Bee
Correct me if I am wrong but isn't debt accumulated after divorce papers are file seperate?

I know my ex accumulated some debt during our divorce but it wasn't included in our "marital debt".
It could be argued as such but not automatically. It can still be considered marital debt. And quite frankly OP can be looking at possibly paying alimony if she is working and he isn't. At least temporarily.
 

tuffbrk

Senior Member
Wow! You reviewed the documents and it cost $30k for him to move out and live? Over what length of time?

When you say the $ was used for ordinary living expenses are you including the purchase of furniture, appliances, etc. to set himself up?
 

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