I'm Not Sure What To DO

[spgcanada]

My husband and I split up last Feb after discovering he was into crack cocaine..I had to leave the house as he has a bad temper and I feared for my safety and the safety of my 86 year old mother who lived with us...I ended up having him put in jail in May and he got out and seemed to be doing okay..he ended up on 2 years probation and I know he is back into the drugs...
He has wasted so much money over the last 3 years and since our separation...
I am in debt as I was carrying most of the expenses before I discovered what was going on...It was a big secret for 3 years .. now I know why he got fired from his last 2 jobs.
What I need to know if anyone knows is if I file for divorce will the fact that I am in debt because of his drug use be taken into granted..
Anyone who could give me some advice I'd really appreciate it..
Thank You

[FL_Needs_To_Change]

Generally, when a married couple separates and files for a divorce, the courts split both the debt and the assets.
And the onus would be on you to show that the debt was his and his alone due to his drug addiction.
Give the complexity of your situation I would trust that you are seeking legal council?
Are their children involved?

[spgcanada]

Thank You

My husband was fired from his job due to his crack use...I paid for most everything except for the utilities...causing me to be in debt....
My kids are gown ups...as we are 54 & 55 years old...

[FL_Needs_To_Change]

You would need a letter from his past employer stating the reason for termination, and you would still have the onus to show that the debt was indeed related to his use of illegal substances.
The courts will not make any assumptions, and you must clarify your position in writing for them and outline the cause and affect of his drug usage.

[spgcanada]

I really have no problem paying my own debts...even though I wouldn't have been so far in if it hadn't been for his using drugs..
If he had been a proper husband the last few years I wouldn't have had to pay for most things.
It just irks me the money that he has wasted on drugs..and then being told that he could come after me for support since he isn't working.
He is still living in the house and it's up for sale but due to his drugging he has dragged his heels about that too...
I had thought there might be a chance of his getting help and getting back together but the longer this goes on the less I really think I want to do that.
Thank You for all the help...I guess it's time that I talk to a lawyer and try to save myself from his taking more than he already has...

[FL_Needs_To_Change]

Unless he is ready to make the change for himself, there is nothing in the world that you can say or do, that will get him into rehab. I know, I was married to an alcoholic, and gambler, so the money went to booze and his gambling debt. For me to pay the basic bills was extremely difficult, I had three jobs trying to make it. I'd borrow from Peter to pay Paul so to speak. Only to watch myself get deeper and deeper into debt, with it getting harder to make ends meet.

I tried so hard to keep things together, but there comes a time when “for better or worse” just has to be flushed, because he's not keeping his end of the bargain. You didn't come into this thinking that if he squandered away the money that you'd support him unconditionally. I'm sure that if he was like this when you met him you most certainly would not have married him.
You need to take care of yourself. Don’t sweat the SS, if he seeks it, you have a very good case against it because of his inability to help himself out of his drug addiction.
The courts are not going to award SS to a drug addict, that’ll only fuel the already blazing fire!
If he was simply down on his luck trying hard, or physically incapable for medical reasons, SS may indeed be awarded to him, but that's not the case, this was self inflicted, despite the fact that he is now addicted and unable to go it alone. He has to make the decision that he's got a problem that needs serious help, other wise he'll just get worse, it's slow suicide and you cannot help him and you cannot love him enough to change!