Can I sue my husband for the bills he left me with when he walked out?

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Can I sue my husband for the bills he left me with when he walked out?

Neither of us a filed for separation. I don’t want to file because I want to work it out, but I still need help with the bills.

Asked on October 21, 2010 under Family Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You do not need to file for legal separation in most states to get the benefit of separation (i.e., your income earned during the time separated is considered separate income and not marital income and your debt incurred is considered separate debt and not joint or marital debt).  During your divorce proceedings you can certainly seek contribution or an accounting to offset those costs you paid for yourself.  If you do not wish to file for divorce, then perhaps you just need to eat the cost but if you don't wish to file for separation, you need to consider what filing a lawsuit could to your relationship in the long run.  You might wish to consult with a divorce attorney before making your next step. It might at least help you realize what your particular rights are in your state.


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