Am I responsible for a utility bill that is in my name butas per my divorce decree should be paid by my wife?
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Am I responsible for a utility bill that is in my name butas per my divorce decree should be paid by my wife?
My now ex-wife and I separated 18 months ago (I moved out of our house) and we divorced 9 months ago. The phone bill was solely in my name even though we were married when the account was opened. I never closed the account because she said she couldn’t afford the deposit needed to open an account in her name. She couldn’t pay the bill and now it’s gone to collections and guess who the creditor is coming after? Me. Our divorce decree states that “Respondent harmless from payment for those debts: Any debts incurred individually by Petitioner since November 2009, the date of the parties’ separation”.
Asked on June 17, 2011 under Bankruptcy Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Actually you are responsible for this debt if the account was still in your name. This is true regardless of how such expenses were allocated in the divorce decree. You see the creditor was not a party to the divorce action. The decree was between you and she. Therefore creditor is not bound by its terms. Accordingly, you will need to pay this debt. However, the decree is still binding on your ex-wife, consequently you can get reimbursement for any sums that you are must pay. This is what is meant by "hold harmelss".
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