Question #63

Any debts you incurred before the marriage are your individual debts; thus, the student loans are your personal liability. If you are located in the NYC metropolitan area, please call me at 212-370-1660 to discuss mediating your divorce. The issues you raise regarding outstanding debts and grounds for divorce can be resolved in mediation.

Leonard M. Weiner, Esq./Divorce Solutions

Question #168

The first thing you should do is to terminate all mutual credit card and bank accounts that you have with your spouse if you have not already done so. You are correct in seeking a legal separation and divorce to prevent any additional claims against you for the debts of your husband. Until you have such legal separation and divorce, you may still have some financial exposure for his debts. Unfortunately, however, those debts to which you are jointly and severally liable, will not be discharged against you simply because you enter into a Separation Agreement now. The credit card companies or banks to which the debts are owed will generally not let you off, but it does not hurt to communicate with them and see if you can work something out with them.

Unfortunately, the Separation Agreement you entered into with your
spouse is not binding on the credit card companies. You remain liable to them
for the outstanding debt despite your Agreement. All you can do is pay the debt when it comes due, and sue your spouse for his share.

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

Question #239

If you have already commenced legal proceedings for separation in court, I strongly recommend that you terminate all joint accounts, be they bank accounts, credit accounts, or any other accounts where you have financial exposure.

Cancel all accounts upon which you are jointly liable.

Divide up the monies in the bank accounts and checking accounts and open SEPARATE banking accounts and credit accounts for each of you.

You do not want to have to come home one day and discover that your bank account has been emptied, or your credit card is showing an unusually large charge made by your spouse for which you are personally liable. An ounce of prevention is worth a pound of cure.

This should be done immediately.

If you are living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for a meeting to discuss mediating your separation and divorce.

Leonard M. Weiner, Esq./Divorce Solutions