Am I liable for my ex-husband's debt?

[J. Sheridan]

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

My husband and I have filed a legal separation agreement in New York. Prior to that and up to this point, my husband has incurred a large amount of debt and credit card bills in his own name (approximately $25,000), and without my knowledge. I have been working hard to try to help him pay these bills so that he maintains good credit until we are divorced (I want him to be able to get what he needs to stay out of my life). We have no assets and we each maintain our own vehicles, etc. I am running out of funds with which to help him and would like to know what my liability is in this debt that he has incurred? To my knowledge, my name is not connected with any of his bills - which are a health care loan through a credit card company, a credit card and a line of credit from a credit union.

Any help or information would be greatly appreciated. Thank you.

 

[TinkerBelleLuvr]

Was any of this debt incurred for household expenses?

 

[JETX]

what my liability is in this debt that he has incurred? To my knowledge, my name is not connected with any of his bills - which are a health care loan through a credit card company, a credit card and a line of credit from a credit union.

Generally speaking, you are NOT liable for any of his separate debts incurred. However, as for the 'health care loan', depending on the specifics, a creditor could try to claim you have liability under the theory of 'spousal necessity'.
Whether this will work or not, depends on several factors, including the actual purpose of the 'loan'.

 

[J. Sheridan]

Was any of this debt incurred for household expenses?

Thank you - No; it was all done behind my back. I would find out that the money was spent when a bill came or when I checked the account status on line.

 

[J. Sheridan]

Generally speaking, you are NOT liable for any of his separate debts incurred. However, as for the 'health care loan', depending on the specifics, a creditor could try to claim you have liability under the theory of 'spousal necessity'.
Whether this will work or not, depends on several factors, including the actual purpose of the 'loan'.

The health care loan was a "Capital One Health Care Loan," which is billed and paid similar to a credit card. It was taken for dental work at the urging of the billing department of the dental practice, by the way. The dental work has never been finished, either! I was unaware of this until a bill came.

 

[Bali Hai]

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

My husband and I have filed a legal separation agreement in New York. Prior to that and up to this point, my husband has incurred a large amount of debt and credit card bills in his own name (approximately $25,000), and without my knowledge. I have been working hard to try to help him pay these bills so that he maintains good credit until we are divorced (I want him to be able to get what he needs to stay out of my life). We have no assets and we each maintain our own vehicles, etc. I am running out of funds with which to help him and would like to know what my liability is in this debt that he has incurred? To my knowledge, my name is not connected with any of his bills - which are a health care loan through a credit card company, a credit card and a line of credit from a credit union.

Any help or information would be greatly appreciated. Thank you.

You are responsible for half of the debt incurred during the marriage, unless of course the judge determines that you are not.

My ex ran up a horrendous debt with six credit cards that I knew nothing about until the divorce and the judge told me I was responsible for half that debt.

NY judges are pro-wife in divorces and that's the only thing that might make some difference.