Ex racked up joint debt after separation....

[endofmyrope]

My ex racked up approx. $28,000 in joint debt after we separated (unbeknownst to me until it was too late. Then, last December, she claimed bankruptcy (also unbeknownst to me until the creditors started calling ME about it....), which forced me into bankruptcy myself.

Now, she's taking me to court for spousal support....

WTF?

[billm]

SS is based on what happened in the marriage and incomes, not debts or assets, or bankruptcy.

If you pay part of the $28K, that can be a credit toward your SS payments (SS retro to when you split). I am not saying she is entitled to SS, that is dependent on the length of marriage and what happened....

[Stargate]

My ex racked up approx. $28,000 in joint debt after we separated (unbeknownst to me until it was too late. Then, last December, she claimed bankruptcy (also unbeknownst to me until the creditors started calling ME about it....), which forced me into bankruptcy myself.

Now, she's taking me to court for spousal support....

WTF?

Welcome to the wonderful world of getting divorced where the angel you married has now turned to Lucifer's daughter and has grown fangs.

Joint debt - I assume you mean credit cards? From the standpoint of divorce all assets and liabilities accrued/accumulated up to the date of separation are divided equally. There is no consideration for debts after date of separation.

Exactly HOW did your ex accumulate this debt post separation without your knowledge??

[B00kWorm]

I thought that if the debt was acquired AFTER the date of separation than both parties are longer responsible for that debt? Correct me if I am wrong.

[Mess]

If you have credit cards, line of credit or bank account with overdraft protection and these accounts are in both names, they will be joint even after separation. You could have a joint bank account with your next door neighbour and it's the same.

Probably set up the accounts because spouse didn't have enough credit rating to qualify on their own.

Didn't close the accounts when separated?

You are responsible for the debt, unfortunately. You could take the ex to court, not family court but a civil suit, and try to argue that they ran up the debt in bad faith and that you had an agreement not use the accounts, etc etc. Just because you sign someone power over an account doesn't mean it's legal for them to funnel all of the money to a Swiss bank account or spend it on crack and hookers. You had the equivalent of a business arrangement after separation, you can try to argue this was misuse of the funds. That doesn't mean you'll win, but you need to talk to a lawyer experienced in civil suits, not family law.

[today]

Ok number one....how did she have access to your credit after separation?
If you have an agreed separation date and she drew upon it then yes you could go after her for it or have the amount deducted from any possible SS payments no doubt. However you are solely responsible to the institution for the repayment, banks will not recognize your separation agreement it is solely your debt as far as they are concerned. Family law will likely recognize it if you can prove you were actually separated. his for the division of assetts or anything you may owe her.