If I pay a debt that my wife and I are on the account for, how does that effect her when we get a divorce?

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If I pay a debt that my wife and I are on the account for, how does that effect her when we get a divorce?

I been trying to get my wife, whom I’m currently separated from, to help me pay a debt that we’re both on that account for. However, she won’t help me pay it. Is there a way I can make her? When I bring this up in our divorce will she be forced to help then? If I pay off the debt can she be made to pay me since she was also on the account? I’m the primary person on the account and she is the secondary.

Asked on December 16, 2011 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  If in fact you are paying off a marital debt with out any help from your wife you should be able to receive a set off against other debt that may be allocated to you in the divorce settlement.  I would keep very good notes and an accounting as to the amount of the debt when you left, the amount you have been paying off as well as documentation that you are have requested that she help pay it off and she has refused.  You are both on the original agreement and used the card for joint purchases, correct?  Then sit tight and bring the matter up to your attorney when you speak with him or her on the divorce.  Good luck.


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