am i responsible for HIS credit card!?

[popsicle__]

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

I filed for divorce. His lawyer sent my lawyer a letter stating my spouse wanted me to pay half of all martial debt which was approx 12,000-13,000. My name is on nothing except for a joint checking account (no debt there) and his car loan (less than $10,000 left to pay). My name is not on the house and was purchased 2-3 years before we got married or even engaged, my parents gave me my car as a gift, I have no credit cards. I dont know where he is coming up with the figure of 12-13,000 in martial debt. The only thing I can think of is his credit card (solely his card that he has had since age 17, my name is no where on it). His card has approx 16,000 on it. I have proof of the past 8 months of his credit card statements (I dont know if im suppose to or not, but know his login info). I have NEVER used the card to purchase anything, I have never had it in my possession! I can easily prove no purchase was made for either me nor my 17 month old daughter (copies of statements). He recently went on a huge shopping spree, dropping almost 3,000 at a mall on two separate occasions (he hates shopping and malls so this is a surprise to me!). Am I responsible for his credit card debt even though I have nothing to do with his card?!?!?!?

Also in the letter my lawyer received from his lawyer, he was willing to accept ALL martial debt (still dont know where there is any except for that card) if I elect not to touch his 401k & roth accounts. I've been told I couldnt get half of those accounts as is because we were only married 2 years. If that is true, why would he even mention those accounts or be trying make a "deal" with me on the debt and 401k thing?!

Thanks!

 

[Just Blue]

Find a thread and post there. Thanks.

 

[popsicle__]

Did I post in the wrong area? sorry if so!

 

[Just Blue]

Did I post in the wrong area? sorry if so!

You are responsible for half of all marital debt. ALL. Bills in your name and bills in his name. Bills in joint names. He, in turn, is also responsible for the other half. Grow up.

 

[mistoffolees]

You are responsible for half of all marital debt. ALL. Bills in your name and bills in his name. Bills in joint names. He, in turn, is also responsible for the other half. Grow up.

OTOH, you will be entitled to 1/2 of marital assets - including 1/2 of the marital value of his 401K and/or pension.

You simply have to do the math to see if his offer looks good or not.

One thing to consider - if he squandered an abnormally large amount of money after you filed for divorce, you may be able to get that entire amount charged to him - depending on what he used it for. If it was for normal household living expenses (such as the cost of setting up an apartment for himself), then probably not.

 

[ecmst12]

Marital debt = debt which was a accrued by either party during the marriage.

 

[popsicle__]

so it basically doesnt matter that my name is no where on his credit card... That's somewhat discouraging, but i know things arent "fair" by any means. It is somewhat nice to know I have right to half of whatever was put into his 401k accounts during the time we were married. I honestly have no idea, nor direct access to find out, how much was put into those accounts in the 2 years that we have been married.

Thanks for all the help!

 

[CameronNewport]

You should read the answers that you've received with a grain of salt. Debts are NOT automatically divided in half in a divorce in Arkansas. Talk to your lawyer for correct advice. Judges take many factors into account when making that determination.

 

[asiny]

so it basically doesnt matter that my name is no where on his credit card... That's somewhat discouraging, but i know things arent "fair" by any means. It is somewhat nice to know I have right to half of whatever was put into his 401k accounts during the time we were married. I honestly have no idea, nor direct access to find out, how much was put into those accounts in the 2 years that we have been married.

Thanks for all the help!

You do - his attorney has to advise your attorney of the total accumulation of what was amassed during the marriage.. the same as your attorney.

Bottom line - if he's playing the 'you owe half the debt' card (knowing it all his) - play the 'I take half the marital money' card.

 

[Proserpina]

Arkansas is an equitable distribution state.

Although, the code does provide:

The court shall distribute one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income; (v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court’s division of property. (Arkansas Code - Title 9 - Chapters: 12-315)

 

[CameronNewport]

Arkansas is an equitable distribution state.

Although, the code does provide:

You sure that statute deals with debts, rather than just property? You may want to research that a bit.

 

[stealth2]

You sure that statute deals with debts, rather than just property? You may want to research that a bit.

Maybe you'd like to enlighten us plebes.

 

[CameronNewport]

Maybe you'd like to enlighten us plebes.

Sure, I'll do the research for you:

[A]ppellant argues that, because Ark.Code Ann. § 9–12–315 (Repl.2002) mandates that marital property be divided equally unless the court finds that such a division is inequitable, it also requires that the division of debts be treated the same way. We do not agree. Section 9–12–315 does not apply to the division of marital debts; hence, in Arkansas, there is no presumption that an equal division of debts must occur. Ellis v. Ellis, 75 Ark.App. 173, 57 S.W.3d 220 (2001). In Ellis v. Ellis, the trial judge divided the marital property equally and ordered the husband to pay seventy percent of the marital debts. We affirmed the judge's unequal division of *309 the marital debts due to the disparity between the parties' incomes and their relative abilities to pay the debts. Williams v. Williams, 82 Ark. App. 294, 108 S.W.3d 629, (2003).

 

[stealth2]

Sure, I'll do the research for you:

Oh - that's the same code that Pro already cited. Thought you might have something original, Richard.

 

[CameronNewport]

Oh - that's the same code that Pro already cited. Thought you might have something original, Richard.

So my post is unoriginal because I cited case law which states that § 9–12–315 does NOT apply? Interesting perspective. If originality requires offering incorrect information, then no thanks.