Legal Question in Family Law in California

credit cards used for beer

Hi,

I am considering divorcing my alcoholic husband. He has roughly $5000 in credit card debts (his name only), his cards have only ever paid for his drinks and cigarettes, as well as his food (I don't drink or smoke, and am on a special diet - we don't eat the same food). He also got a loan of $8000 for a car I don't and can't drive (stick shift). And has a dui fine of $1200 or so coming up due soon. Since none of this has benefitted me, is there any way I can not be liable for these debts in a divorce? He also quit his job 3 months ago and refuses to look for a new one...how can I document that I am not accepting this/ I am not the sole support (alimony concern?)

Thanks


Asked on 12/16/08, 2:33 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: credit cards used for beer

The law presumes that debts incurred during the marriage are community debts. This presumption can be overcome with evidence showing the debt was not incurred in a way that would or could benefit the "community", or in a way that would constitute a breach of fiduciary duties owed to the community. Your husband's food and car would probably be considered community debts as they beneffited the community, i.e. they benefitted him. He is a member of the community. Thus the community has benefitted. Whether you could succefully argue that the alcohol and cigarettes are not community property is difficult to know. I do not know of any law directly on point on this particular issue. In order to intelligently answer your question as to whether you would be laible for spousal support, any attorney would need much more information as many, many factors are considered by the courts when making a spousal support award.

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Answered on 12/16/08, 9:39 pm


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