Legal Question in Family Law in Massachusetts
Debt years after divorce
I was recently contacted by my ex
wife about an MBNA loan in her
name, this is what was said:
I have just been contacted in regards
to an MBNA loan taken out in my
name during our marriage. I have
liquidated quite a few of the debts we
jointly incurred however I will no
longer continue to pay for those on
my own. I suggest you contact me
via email or I will get my lawyer (you
met him) involved in this process.
This loan was in her name only. I too
paid off a lot of debt because it was in
my name only. This is about 10
years old. Am I obligated under the
law to pay or help pay for this?
2 Answers from Attorneys
Re: Debt years after divorce
The debt and property division terms of a divorce judgment are final. Under almost any set of assumptions, the Courts are likely to refuse to order you to pay this debt. Assuming that there are no facts such as I suggest below, you should engage an attorney to advise her in no uncertain terms that any attempt to seek payment of this debt will be vigorously opposed.
Of course, if your divorce judgment specifically ordered you to pay this debt, in whole or part, you must do so, regardless of the delay. If you in any way fraudulently created this debt in her name, you would also possibly face some liability.
Re: Debt years after divorce
If your divorce judgment specifically ordered you to pay this debt, in whole or part, you are obligated. If not, retain an attorney to oppose any effort to hold you liable.
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