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 in order to prevent any additional claims against you for the debts of your husband. Until […]
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 in order 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 on, 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