If my sister lent her husband’s business money and they are now divorcing, how can she go about getting that money returned.

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If my sister lent her husband’s business money and they are now divorcing, how can she go about getting that money returned.

My sister was a W2 employee in her husband’s business. She made purchases for the company on her credit card when his cash flow was in trouble, $38,000. They are now divorcing. He is refusing spousal support etc. What should she do to have the $38k repaid?

Asked on August 2, 2011 California

Answers:

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

Answered 10 years ago | Contributor

Your sister needs to get an attorney as soon a she possibly can.  She needs to establish that the money that she charged on her credit card (which is in her name only, correct?) was incurred for the benefit of the business. And the business is not her husband's business, it is a marital asset or a portion of it is if it was started during the marriage or she contributed to it (the $38K), to be divided.  He can refuse spousal support but if the factors the court considers warrant it - even for a little while - then it can be ordered.  Please, have her get help from a really good and qualified attorney to help with this.  Good luck to her.


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