If I’m in the initial stages of a divorce and my wife has several thousand in credit card debt, is this debt likely to be considered marital or individual?

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If I’m in the initial stages of a divorce and my wife has several thousand in credit card debt, is this debt likely to be considered marital or individual?

The debt is in her name only; it is medical debt. I know here that the doctrine of necessaries has been abolished.

Asked on December 18, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the debt that you are writing about was incurred during the marriage you have with your spouse then under the laws of all states in this country the debt would be deemed marital debt where you would be liable for its payment besides your spouse.


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