Legal Question in Family Law in New York
Estranged spouse incurring debt on my behalf
I have been physically (not legally) separated from my wife for close to a year...Can she incurre debt on my behalf and do I have to pay it??
1 Answer from Attorneys
Re: Estranged spouse incurring debt on my behalf
It depends on the debt and the status of the separation.
If the debt is from a joint account (like a charge card or a mortgage), you would be equally responsible for payment.
Furthermore, if the debt is for a medical necessity, you would also be equally responsible for payment.
However, if there is a formal separation agreement that was signed and filed with the County Clerk, you would be able to seek indemnification from your wife. Furthermore, some of the debt (ex. medical) may not be enforced against you.
Mike.
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