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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-12-2005, 11:15 AM
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Default are new debts separate when you are separated?

My husband and I have been separated for over a year. This morning a friend told me that until we are divorced, I could still be held accountable for any debts he incurrs while we are separated... he has a gambling addiction -- should I be moving quicker for divorce? If it weren't for his money troubles, we would be peacefully separated... he pays regular child support, he sees our kid... normally I'd just sit back and get on with life.

If he totally blows the bank right now while we are separated but not divorced, can his creditors really come after me?
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Old 10-12-2005, 02:12 PM
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Question

I am under the impression that when you seperate that your debts are considered yours. And yor ex's are considered his.

I am wondering however if you still have a joint bank account with your soon to be ex?... And if you do, I would quickly move to get a bank account in my name only.

As for credit cards etc.... I have no idea...

You see my soon to be ex was also a real heavy gambler. Most of his casino gambling money came from the credit cards. (Not to mention loans etc... and re-morgaging a house because of the debt)
When we seperated and sold the family house - the court ordered that the line of credit payment ($55,000) be paid ASAP out of the sale of the house.
The remaining money paid of the morgage - which left about 30,000 in trust (which we are still fighting over)

My lawyer suggests that we split up the remaining money in trust equally.... (Which I have a problem with considering that the $55,000 was mostly gambling debts that the ex spent. ) But I have agreed with my lawyer to just split it in half... I just want out !!!!

The ex wants all the remaining money left in trust. Stating that he was the sole bread winner in the family and that money should be his (I was a stay at home mom to 3 kids)
So things are alittle confusing on my end.

Not to mention a credit card that was in my husbands name, that he gave me access to... ( with a card in my name from his account) I used the card to pay the retainer for my lawyer. And I kept up the payments on the card until I moved out of the house. Then I wasn't getting any of the statements anymore, I wasn't working, the ex wasn't paying child or spousal support, and I had to go on Family services to survive. Now the credit card company states that I have to pay the credit card back.

The ex owes me $6500 in back child support that I haven't filed for yet.... He owes me $7500 in back spousal support that I haven't filed for yet. And I have been paying his life insurance policy that the courts ordered him to pay 3 months ago (which he still hasn't done)
So in my mind I honestly do not see why he can't pay the minimum balance on a credit card. Am I wrong?


I should also state that you NEED to keep a record of everything you spend. KEEP all receipts... all bank statements, credit card statements, a record of everything you spend money on. When you take out a cask advance from an ATM machine, write down everything you spent the cash on , on the back of the slip of paper.
BE well organized and keep your notes up to date.

AND ALWAYS Photocopy EVERYTHING that is important. Keep the original copy in a file tucked away....

Last edited by Fresh Starts; 10-12-2005 at 02:16 PM.
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Old 10-12-2005, 10:29 PM
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Hi beltane and welcome! Where are you located? Are these joint lines of credit that he's using?
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Old 10-13-2005, 04:12 PM
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No... we have completely separate finances. We live in different cities. No shared bank accounts. No shared credit cards. I don't even use his last name. We have had completely separate finances for 5 years (his money problems have been happening for a long time) and we have been separated for a year and a half.

Do I need to be concerned that any debts he could (and probably is) racking up right now could be dumped on me?
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Old 10-13-2005, 06:59 PM
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If you're in Ontario no, unless he does something like forge your signature on a loan. Even then you could probably easily prove the signature was forged as you would not even have been in the same city when the loan documents were signed.
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Old 10-13-2005, 07:03 PM
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*whew*

Thanks!
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